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检警关系是刑事诉讼构造的重要组成部分,它是指检察机关在履行刑事诉讼职能过程中与从事刑事侦查职权的警察机关为查清犯罪事实、确定当事人刑事责任所发生的职权职责关系。合理的检警关系应当具备能够迅速及时地查清犯罪事实、抓获犯罪嫌疑人的功能;能够有效衔接起诉,保证公诉的质量和效果,准确追究刑事责任的功能;能够有效规制侦查权力、保障人权的功能。我国检警关系存在着配合不足、监督不力等问题,仅仅引进检警一体化模式不足以解决上述问题,应当借鉴检警一体化模式的合理制度,建立检察指导侦查模式,以优化我国的检警关系。
The relationship between police and prosecutor is an important component of the construction of criminal procedure. It refers to the relationship between the functions and powers of the prosecution in the process of fulfilling the function of criminal procedure and the criminal investigation authorities in order to find out the criminal facts and determine the criminal responsibility of the parties involved. The relationship between the police and the police should be promptly and timely detected criminal facts, arrest the function of the suspects; can effectively convergence prosecution, to ensure the quality and effectiveness of prosecution, accurate investigation of the criminal responsibility function; to effectively regulate the investigation of power, protection of human rights Function The relationship between prosecutors and police in our country is not compatible with each other and the supervision is not strong enough. Only the integrated pattern of prosecutors and policemen is not enough to solve the above problems. We should learn from the reasonable system of integrated pattern of prosecutors and policemen and set up the mode of procuratorial guidance to optimize the prosecutors’ relationship.