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我国刑事诉讼法中除“强制措施”外,还存在一种“强制性侦查措施”。强制性侦查措施包括对人身的措施和对物和场所的措施,其中对人身的强制性侦查措施往往是在适用刑事“强制措施”之前使用,这些侦查措施实际上限制了人身自由,因此在公安机关内部早已被统称为“人身强制性侦查措施”。这些措施在法律意义和功能上与刑事强制措施相比较具有自己的价值取向和特征表现,但由于目前我国刑事诉讼立法工作的局限,使得此类措施的法律定义仍然模糊,直接影响到其在实践中的运用,因而有进一步改革和完善的必要,以提高司法机关的工作效率,充分保障公民的合法权益。
In addition to “compulsory measures ” in our country’s criminal procedure law, there is a kind of “mandatory investigation measures ”. Mandatory investigation measures include personal measures and measures on objects and places, of which the measures of compulsory detection of persons are often used before the application of criminal “coercive measures”, which in fact limit the freedom of person and therefore Inside the public security organs have long been collectively referred to as “mandatory measures for the investigation ”. Compared with criminal coercive measures, these measures have their own value orientation and characteristic performance compared with the criminal coercive measure. However, due to the limitation of the current criminal procedure legislation in our country, the legal definition of such measures is still vague and has a direct impact on their practice Therefore, there is a need for further reform and improvement so as to enhance the working efficiency of the judiciary and fully guarantee the legitimate rights and interests of citizens.