浅谈我国侦诉关系的重构

侦查权与控诉权的关系一直是近几年来法学界讨论的话题。检察机关作为以控诉为主要任务的国家机关,其所拥有的侦查权的地位在司法实践中难以把握,而警察机关的侦查权与检察机关的侦查权也常有冲突。各国现有的两大模式,即侦诉合一与侦诉分离模式,在不同程度上均不能适合我国的需要。为此,应当在借鉴国外先进立法经验的基础上,结合我国司法经验和具体国情,构建我国的侦诉关系模式。

Re-Construction of the Relation between the Right of Investigation and Prosecution

The relation between the right of investigation and prosecution is the topic that has been discussed in jurisprudential circle. The procuratorial orga n, as the State organ takes the litigation as the main mission, it's right of in vestigation is difficultly defined in judicial practice. And investigation right of public security organs often have the conflict with the procuratorial organs '. The Existing two mode, that is to say, the union of the right of investigatio n and prosecution, and the separation of them are unable to meet the need of Chi na. So we should, based on the foreign advanced experience, combined Chinese nat ional conditions, re-construct the mode of the relation between the right of inv estigation and prosecution.