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检警关系作为刑事诉讼中的重要法律关系,其模式直接影响到刑事诉讼整体结构的构建和诉讼目的的实现。我国的检警关系是一种“分工负责、互相配合、互相制约”的关系,长期以来,我国传统刑事诉讼法理论一直认为这种关系模式对于刑事诉讼目的的实现具有积极的保障作用,但是这种关系也明显存在许多问题,本文从检警关系的基本模式入手,分析我国现行检警关系存在的问题,在此基础上提出构建适合我国国情的检警制度。
As an important legal relationship in criminal proceedings, the relationship between police and prosecutors has a direct impact on the construction of the overall structure of criminal proceedings and the realization of the purpose of litigation. For a long time, China’s traditional criminal procedure law theory has always believed that this model of relationship has a positive safeguard for the realization of the purpose of criminal proceedings, that is, the relationship between the prosecutors and police in our country is a kind of “division of labor is responsible for, coordinated with each other, mutual restraint” However, this relationship obviously has many problems. This article starts with the basic pattern of the relationship between the prosecutor and the police and analyzes the problems existing in the existing relationship between the prosecutors and the police in our country. Based on this, it is proposed to construct the system of the prosecutorial police that suits our own national conditions.