检察机关提前介入机制的实践困境反思——以公安机关承办的刑事案件为视角

在现行刑事司法环境下,保障人权的呼声高涨,重大疑难犯罪频发,证据收集和采信的标准日益严格,刑事犯罪治理面临前所未有的挑战,提前介入作为检察引导和监督侦查的工作机制迎来了制度适用的好时机。然而提前介入机制却因立法规制过于原则化、实践配套性规范的缺失和地方化司法实践需要的绑架难以发挥预期的立法规制价值,陷入制度践行不畅的难产局面,从而面临机制的使命认知迷茫、介入必要性争议不断、介入适度性标准不一这三大困境。

An Analysis of the Practical Difficulties of Prior Intervention by Procurators--From the Cases Investigated by Public Security Organs

With the rising voices of human rights protection, frequent occurrence of major complex crime, and the collection and adoption of evidence becoming stricter, criminal governance is facing unprecedented challenges. As a working mechanism of guiding and supervising the prosecutorial investigation, prior intervention by procurator gains a good opportunity under the current criminal judicial condition. However, owing to ambiguous legislation, lack of operational speciifcation and different local justice needs, it was caught in inhibited position and had to face three problems which are confused mission, controversy over necessity and disagreement on the intervention degree.