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| 现行检警关系下我国刑事撤案监督之困境与出路 |
| The dilemma and outlet of the supervision of criminal withdrawal cases in China under the current prosecution and police relations |
| 投稿时间：2024-06-24 修订日期：2024-08-17 |
| DOI： |
| 中文关键词: 刑事撤案 撤案监督 立案监督 检警关系 数字检察 |
| English Keywords:Criminal withdrawal case withdrawal supervision case filing supervision police relations digital inspection |
| Fund Project: |
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| 中文摘要: |
| 刑事撤案是侦查机关在侦查终结时对刑事案件作出的处分行为，刑事撤案监督是为防止出现侦查机关不应当撤案而撤案、应当撤案而不撤案的情形。检警关系对刑事撤案监督职能的发挥具有重要影响，但我国现行检警关系仍需理顺，刑事撤案监督在立法上存在制度不健全、配套不完善等问题，在司法实践中存在立案监督混用、监督不充分不全面等问题。通过比较法考察，域外不同检警关系类型下的刑事撤案监督制度中对刑事撤案权的严格把控、控制手段多元化等可为我国所借鉴。具体而言，为完善我国刑事撤案监督制度,首先应对现行检警关系进行技术性调整,其次应将检察机关刑事撤案监督职能具象化，最后应丰富检察机关刑事撤案监督手段。 |
| English Summary: |
| The withdrawal of a criminal case is the punishment act of the criminal case made by the investigation organ at the end of the investigation. The supervision of the withdrawal of the criminal case is to prevent the case of withdrawing the case or the case should not withdraw the case. The relationship between prosecution and police has an important influence on the supervision function of criminal withdrawal, but the current relationship between prosecution and police in China still needs to be straightened out. The supervision of criminal withdrawal has some problems in legislation such as imperfect system and imperfect supporting facilities, and problems such as mixed use of filing supervision and incomplete supervision in judicial practice. Through the investigation of comparative law, the strict control of the right of criminal withdrawal from the criminal case under the supervision system of different types outside the region can be used for reference in China. Specifically, in order to improve the supervision system of criminal withdrawal in China, the current relationship between prosecutors and police should be adjusted, the supervision function of criminal withdrawal should be embodied, and the supervision means of criminal withdrawal of procuratorial organs should be enriched. |
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