论检察提前介入侦查制度化构建-法学专业论文.docxVIP

还应建立保障该制度有效落实的运行机制--侦检机关长期互联互通的工作机制。保障运 行机制包括落实提前介入侦查程序的工作规程、建立侦查案件通报备案制度、不捕案件 的处理情况报告制度、案件补侦情况反馈制度以及立类案指导制度等。同时，检察提前 介入侦查还应遵循刑事司法基本规律，树立“大控方”理念，重视程序的人文价值。而 其未来发展方向则在于重塑侦检关系、推进引导侦查向指挥侦查过渡，并引入司法审查 制度，实行程序无效制裁，从而实现对侦查权的有效制约。 关键词：提前介入 引导侦查 检警一体 司法审查 Abstract The fourth plenary session of the the eighteenth session of Central Committee takes the trial as the core of the litigation system reform,which becomes the primary issue of a new round of judicial reform. The relationship between investigation power and prosecution power as the core of the legal relationship of criminal litigation, the relationship between the two adjustment is also just around this center trial procedure.Prosecution early intervening investigation is an important way of prosecution guiding investigation,which concerns power configuration and operation of the prosecution power and the investigation power. As a positive step in the current judicial system to explore the norms forensics,to improve the efficiency of litigation, which makes the cooperation relationship between investigation and prosecution organ closer. Prosecution early intervening investigation still can not equate with “integration of police and prosecution”,the key problem is the reality of the constitutional obstacles, the lack of legal basis and the limited control to investigation power .In view of this, the article thinks that,it should take the opportunity of the judicial reform, take improving the investigation quality and realizing effective prosecution as the dual value goal. In the criminal procedure law, it should establish the system prosecution early intervening investigation , break through the practical difficulties, to find the direction of its development. In addition to the introduction and the conclusion, the text consists of four parts, a total of about thirty-seven thousand words.The first part mainly summarizes prosecution early intervening investigation, including the meaning, character, purpose and logical r