简论刑事拘留与逮捕适用中的检察监督

根据现行法律的规定,检察机关对拘留、逮捕适用的检察监督是以制约机制为基础的,具体监督权分散于检察机关的有关部门.由于立法设计不足、配套措施欠缺,程序要求的多、实体处分权力少,导致检察监督措施不力、监督效果不理想.因此,在检察监督的制度设计上,要坚持三项原则,做到四个结合.三项原则是:坚持宪法原则,体现宪法精神;以完善立法为先导,以制定配套规定为补充;以强化监督作主线,以可操作性规定作保障.四个结合是:监督与制约机制相结合;程序纠正与实体处分相结合;业务工作与监督工作相结合;强化监督与接受监督相结合.

Simply Discuss on the Procuratorial Supervision Applied in Criminal Detection and Arrest

According to the stipulations of current law, the procuratorial supervision, which is applied to detention and arrest by procuratorial organization, is based on restriction mechanism, and the concrete authority to supervise is dispersed in the related departments of the procuratorial organ. Because legislation design is insufficient, the supplementary measure is deficient, the procedure required more, and the entity punishes power little, it makes procuratorial work not to be supervised in an effective way, and the result is not ideal. So, about the system design, we should adhere to three principles and four combinations. Three principles are: adhere to the principle of the constitution, reflect the spirit of the constitution; regard perfecting the legislation as the guide, make the related regulation subsidiary; take strengthening and supervising as the main line, regard stipulating with the effectiveness as the guarantee. Four combinations are: supervision combines with restriction mechanism; the procedure corrects and punishes combine together as an entity; vocational work and supervision work; strengthening and accepting supervision combines. Then the legal system, which is helpful to strengthen the supervision of detention and arrest, can be constructed.