侦查监督与协作配合机制的实践困境与路径优化

Practical Dilemma and Path Optimisation of the Mechanism of Investigative Supervision and Collaborative Cooperation

摘要: 侦查监督与协作配合机制运行两年多以来，出现了政策推进与实践运行存在差距、自身机制定位与内容尚待明确、检警之间仍存在信息壁垒、办公室人员的职责有待细化等问题。该机制的优化完善路径需以对检警关系理论的深化理解为基础，逐步形成互利共赢的工作理念与积极主动的协作意识；以明确自身定位为立足点，明确办公室人员的配置、职责与奖惩措施；以大数据检察赋能为保障，强化检察机关信息保障和信息运用措施；以相关程序的创设与完善，强化量刑证据、涉案财产证据在刑事诉讼程序中的实用性。

Abstract: Since the mechanism of investigative supervision and collaborative cooperation has been in operation for more than two years, problems such as gaps between policy promotion and practical operation have emerged, the positioning and content of its own mechanism have yet to be clarified, information barriers still exist between prosecutors and police, and the responsibilities of office personnel need to be refined. The optimization and improvement path of this mechanism needs to be based on a deep understanding of the theory of prosecutor-police relations, and gradually form a mutually beneficial and win-win work concept and a proactive sense of collaboration; with a clear positioning as the foothold, the allocation, responsibilities and rewards and punishments of office personnel must be clarified. Moreover, it should be supported by the empowerment of big data prosecution as a guarantee, strengthening information protection and utilization measures of procuratorial organs. Additionally, it should involve the establishment and improvement of relevant procedures, enhancing the practicality of sentencing evidence and evidence concerning assets in criminal proceedings.