“有权利必有制约”。更何况,作为一个相对封闭与秘密的程序,侦查过程尤其容易侵犯到罪嫌疑人的各项基本权利。因此,大部分国家的立法都注重加强对侦查行为的制约与监督。我过刑事诉讼法虽然也涉及到这个问题,但还存在诸多的问题,这就使得对侦查行为的制约力度大打折扣。因此,基于规制侦查行为的合法性和人权保障的需要,必须重塑我国的侦查制约机制。 “Have the right to have constraints ”. What’s more, as a relatively closed and secret procedure, the investigation process is particularly vulnerable to the basic rights of suspects. Therefore, most countries’ legislation focuses on strengthening the restriction and supervision of investigation. Although I have also involved in this issue of the Criminal Procedure Law, there are still many problems that have greatly reduced the restriction on investigation. Therefore, based on the need to regulate the legitimacy of investigation and the protection of human rights, we must reshape our investigation and restriction mechanism.