| 宋振武,苏越.现行检警关系下我国刑事撤案监督之困境与出路[J].,2025,(3):80-89 |
| 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 |
| 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 prosecution and 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侦查机关出现不应当撤案而撤案、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检察机关对刑事撤案的严格把控、对侦查活动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体化,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 The supervision of the withdrawal of the criminal case is to prevent the circumstances in which a case is withdrawn when it should not be withdrawn, or when it should be withdrawn but not withdrawn. The relationship between prosecution and police has an important influence on the supervision function of criminal withdrawal, but under the current relationship between prosecution and police, the supervision of criminal withdrawal in China still has problems 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 method, it is found that under different types of prosecution and police relations in foreign countries, the procuratorial organs' strict control of withdrawing criminal cases and the diversified control means of investigation activities can be used for reference in China. Specifically, in order to improve the supervision system of criminal withdrawal in China, first of all, technical adjustment should be made to the current relationship between prosecution and police. Secondly, the supervision function of the procuratorial organ should be concretized. Finally, the procuratorial organs should enrich the criminal withdrawal of supervision means. |
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