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对强制措施应采取更宽泛的界定,包括现行立法上的“强制性措施”。从侦查权所具有的侵犯人权的天然倾向、权力享有者易滥用权力的规律及权力制约的有效性等方面考虑,应强化强制措施的外部控制。这也是法治国家的成功经验。强制措施外部控制应由检察机关发挥主导作用,法院也应有所作为,并从事前、事中和事后控制三方面进行制度完善。
A more general definition of coercive measures should be adopted, including the “mandatory measures” in the current legislation. In view of the inherent tendency of the investigation right to violate human rights, the law of power abusers’ abuse of power and the effectiveness of power restriction, the external control of coercive measures should be strengthened. This is also the successful experience of the country ruled by law. The external control of coercive measures should play a leading role by procuratorial organs. The courts should do something as well and improve the system in three aspects, that is, before, during and after control.