比较法视野下合作型检警关系的考察和借鉴

An Examination and Reference of Collaborative Prosecutor-Police Relationship from a Comparative Law Perspective

摘要: 荷兰、美国和英国的检警关系为合作型，以增加有效起诉的案件为基础，双方树立了大控方的理念。其派驻检察官和联合办公模式较为成熟，在沟通平台建设和信息共享方面都有优秀经验，典型例证如美国布朗克斯重案组、英国刑事司法小组、特拉斯法律联络部和洛杉矶高管会议等。在我国宪法体制下，优化侦查监督和协作配合机制，可以合作为手段实现监督实质化。具体而言，树立“大控方”理念格局，给予侦监协作办公室独立化运作空间，发挥系统性优势，推进类案的监督和侦查标准的统一。通过检方提供法律咨询与培训和双方召开联席会议优化沟通平台建设，并建立数据统一处理平台，促进信息共享，减少双方信息壁垒，全面提升刑事案件办理质效。

Abstract: The prosecutorial and police relationships between the Netherlands, the United States, and the United Kingdom are cooperative, based on increasing the effective prosecution of cases, and both sides have established the concept of the “lead prosecuting agency”. Their models of sending prosecutors and joint office operations are relatively mature, with excellent experience in communication platform construc-tion and information sharing, as demonstrated by examples such as the US Bronx Major Crimes Unit, UK Criminal Justice Unit, Trass Legal Liaison Department, and the Los Angeles Executive Con-ference. Under the constitutional system in China, optimizing the mechanism of investigation su-pervision and collaborative coordination can achieve substantive supervision through cooperation. Specifically, by establishing the “lead prosecuting agency” concept and providing independent op-eration space for the investigation and supervision collaboration office, the systematic advantages can be leveraged to promote the supervision of similar cases and unify investigation standards. By providing legal advice and training to the investigation and supervision collaboration office, holding joint meetings, optimizing communication platform construction, and establishing a unified data processing platform, information sharing can be promoted, and the information barriers between both sides can be reduced, ultimately improving the quality and efficiency of handling criminal cases.