检察引导侦查取证的程序构建

引导侦查取证作为一种"新生事物",它将检察机关对侦查机关事后的、静态的法律监督变为同步的、动态的监督,这不仅仅是一种监督方式的变化,更重要的是侦检关系的变化,它对于增强侦控合力、增加胜诉机率、提高诉讼效率、维护公民人权有着重要的意义。但是检察引导侦查的宗旨在于监督侦查机关取证的合法性,而不是代替或者协助侦查机关取证,因此必须有一定的程序对检察机关引导侦查机关取证的过程加以规范,以防止检察机关对侦查机关的监督要么指令化,要么形式化。

Construction of Procedure of Inducting Investigation by Procuratorate

As a new procedure, the induction of investigation which transforms the aftermath and static supervision into a simultaneously and dynamic one, helps both to strengthen the cooperation between procuratorate and investigation organ, enhance the possibility to recover, increase the efficiency of lawsuit and to protect the human rights of our people. This transformation is not only a change of supervisory fashion but also the diversification of relationship between the procuratorate and investigation organ. However, since the aim of the induction of investigation is to monitor instead of replace or assist the investigation, it is necessary to standardize its procedure so that the formalization and instruction form of it could be avoided.