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我国刑事诉讼法规定,人民检察院和公安机关之间是一种“分工负责、互相配合、互相制约”的关系,这一规定使得审前追诉程序中侦查机关与检察机关是一种无主次平等关系,使检察机关对侦查活动缺乏直接有效的制衡,进而影响了追诉犯罪的有效进行。对此,我国应当在借鉴国外处理警检关系的经验基础上,以侦诉一体化为目标模式,对我国警检关系予以重塑。
The Criminal Procedure Law of our country stipulates that there is a relationship between the people's procuratorate and the public security organ that is “responsible for work, cooperating with each other and restricting each other”. This stipulation makes the investigation organ and the procuratorial organ in pretrial prosecution proceedings a principle of equality without primary and secondary The procuratorial organs lack direct and effective checks and balances on investigation activities, thereby affecting the effective prosecution of crimes. In response, our country should learn from foreign experience in handling the relationship between police and prosecutors, based on the integration of detection and prosecution as the target model, to reshape the relationship between our country and the police.