檢察機關批捕權配置的三種模式

Three Configuring Models of Detention Approval Power in the Procuratorial Organ

審查批捕的功能發揮很大程度上與檢察機關批捕權的配置相關。隨著檢察內設機構改革與地方試點探索的發展，我國檢察機關批捕權配置逐漸形成了三種模式。其中，偵查監督模式為檢察內部分權制約的結 果，但為保障案件質量，該模式下的批捕權被用作了控制偵查的手段；捕訴合一模式則是上述分權的反向操作，通過審查批捕與公訴的集權，試圖解決偵查監督模式偵查控制失靈、辦案效率低下等問題；批捕獨立模式更多關注逮捕必要性審查之實現，通過內部機構的單獨設置，保證審查主體的中立與超然，以實現審查批捕人權保障的法治功能。通過分析其生成脈絡與理論基礎，可總結出一些檢察機關批捕權配置應遵循的基本規律，並以此得出模式選擇的應然結論。

The function of detention examination and approval is largely related to the configuration of detention approval power in the procuratorial organ. With the continuous development of the procuratorial internal institutions reform and the local pilot exploration, the detention approval power in the procuratorial organ has gradually formed three models. Among them, the investigation supervision model is the result of the internal decentralization and mutual checks in procuratorate power, but in order to guarantee the quality of case investigation, the detention approval power is used as a means of control, supervision and guidance under this model. The 'combination of detention approval and prosecution' model is the reverse operation of the abovementioned decentralization, through the centralizing of detention approval power and prosecution, which attempts to solve the problems caused by the investigation supervision model. The detention approval independence model pays more attention to the realization of the necessity examination of detention. Through the establishment of an independent executive organization, the neutrality and transcendentality of the examination subject could be guaranteed, which would realize the legal function of human rights protection. These three models all have rationality of existence and implementation, and also have a series of theoretical and practical problems. However, considering the litigation principle and the legal background, choosing any of the above models cannot solve all practical problems. By analyzing their generation context and theoretical basis, some general theories of the configuration of detention approval power can be summarized for choosing the ideal model.