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侦查法治是程序之治、规则之治,更是“良法”之治。科学、合理的程序规则,在形式上应具备以下特征:规则清晰、明确,规则无内在矛盾,规则可循,规则逻辑结构完备,规则体系完整等。以“良法”之标准审视我国现行侦查程序规则,其明确性、协调性、完备性、可循性等均存有缺陷。为推进侦查法治化,亟需对这些缺陷加以改进和完善。
Investigating the rule of law is the rule of procedure and the rule of rule, and it is the rule of “good law.” Scientific and reasonable rules of procedure should have the following characteristics in form: the rules are clear and definite, the rules are free from internal conflicts, the rules are followed, the rules and logical structures are complete, and the rules and systems are complete. Examining the current rules of investigation procedure in our country with the criterion of “good law” has its defects in its clarity, coordination, completeness, and compliance. In order to promote the legalization of investigation, it is urgent to improve and perfect these defects.