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我国新的刑事诉讼法在审判阶段引入了对抗审判方式 ,这是一个历史性的进步 ,但是 ,目前侦查阶段的强职权主义特性使对抗式审判方式大打折扣。因此 ,在刑事审判阶段借鉴西方各国侦查制度诉讼化的经验十分必要。本文认为 ,我国当前司法改革的重点是运用“三方组合”诉讼理论重新构建侦查制度。这种侦查诉讼化的思路表现为 :适当限制侦查机关的侦查行为 ,使其不能随意侵害公民基本权利 ;赋予犯罪嫌疑人及其律师一定的侦查权和较为全面的针对侦查行为的防御权 ;赋予法官对侦查行为的司法审查权 ,以防止非法侦查行为。
The new Criminal Procedure Law of our country introduced the method of counter-trial at the trial stage. This is a historic improvement. However, the current characteristics of the power of investigation at the investigation stage have greatly reduced the adversarial trial method. Therefore, it is necessary to draw lessons from the litigation of the investigation system in various countries in the criminal trial stage. This article argues that the current focus of judicial reform in our country is to reconstruct the investigation system by using the “tripartite combination” of litigation theory. The idea of this investigation and litigation is as follows: appropriately restricting the investigation of investigative organs so that they can not arbitrarily violate the basic rights of citizens; giving criminal suspects and their lawyers certain investigative powers and a more comprehensive defensive right against investigation; Judge’s right of judicial review of investigation to prevent illegal investigation.