论我国复合型检警关系的优化

随着我国现阶段侦查程序存在的种种弊端逐步显现,关于检警关系的争论日益激烈。依据我国宪法及相关法律规定,我国检察机关主要承担诉讼监督与提起公诉两项诉讼职能,这决定了检察机关和警察机关应该在两个层面上发生关系,即我国的检警关系是一种复合型关系。在这一定位基础上,完善我国检警关系就必须强化检察机关对公安机关的监督,并指导警察进行侦查取证,以实现刑事诉讼惩治犯罪和保护人权的目的。

Perfect the Complex Relation of Prosecutor and Police

Along with various abuses had been emerged in our current investigate procedure,argues about the relation of prosecutor and police is increasingly stinging.According to the provisions of the constitution and related laws of our country,the prosecutorial organization mainly undertakes two working functions(to supervise litigation and to sue),which determine the prosecutor's office and the police force should establish their relationship on two levels,namely our prosecutor-and-police relation is a kind of compound type.On this foundation,to perfect our prosecutor-and-police relation,needs to strengthen the prosecutorial supervision for the police force,and the guidance of investigation,as well as carry out the aim controlling sin and protecting human rights.