我国公安机关是政府的职能部门 ,具有双重职能 ,不仅具有行政职能 ,还具有司法职能 ,即依法承担绝大多数刑事案件的侦查工作。由于公安机关实施侦查行为 ,对公民、法人和其他组织合法权益造成损害后 ,如何受理对其违法行使职权行为提起的诉讼 ,是人民法院在实践中遇到的最困难的问题之一。主要是难以判断其侦查行为的性质。界定侦查行为性质 ,是属于行政行为还是刑事侦查行为的标准 ,似乎进入了两个误区———“结果标准”和“形式标准”。本文在对这两种标准进行反思的基础上 ,提出了新的见解。从保护当事人的诉权角度出发 ,人民法院在完全受理的前提下 ,加强对公安侦查行为的司法审查监督。 The public security organs in our country are the functional departments of the government and have dual functions. They not only have administrative functions but also have judicial functions, that is, they carry out the investigation of the vast majority of criminal cases according to law. After the public security organ conducts the act of investigation, it will cause damage to the legitimate rights and interests of citizens, legal persons and other organizations. How to handle the lawsuit brought by the public security organ for its illegal acts is one of the most difficult problems people’s courts encounter in practice. It is mainly difficult to judge the nature of his investigation. Defining the nature of investigation acts as a standard of administrative or criminal investigation seems to have entered two errors --- “result standard” and “formal standard”. Based on the reflection of these two standards, this article puts forward new ideas. From the perspective of protecting the litigant’s right to action, the people’s court, on the premise of full acceptance, will step up the judicial review and supervision over the investigation of public security.