专制时代的人权保护观念薄弱,侦查过程中经常侵犯被侦查人的权利。现代诉讼文明的理念中,人权的保护是正当诉讼的应有之义,所以强制侦查手段的运用一般需要使用证件,紧急情况或法律规定的情况除外。强制性侦查手段本身就是对人权保护的例外规定,因而各国法律几乎都对强制性侦查做出专门规定。令状主义原产生于英国普通法,旨在通过令状的方式实施法律上的强制处分,并对个人权利给予适当的救济,本质上是一种权利救济原则。目前许多国家对强制性侦查采取令状主义原则。广义上的令状主义,是指侦查机关在强制性侦查过程中,获 In the authoritarian era, the concept of human rights protection is weak, and the rights of the person being investigated are often violated during the investigation. In the concept of modern lawsuit civilization, the protection of human rights is the proper justification of legal proceedings, so the use of coercive investigative means generally requires the use of documents except in cases of emergencies or laws. Mandatory means of investigation itself is an exception to the protection of human rights, so almost all the laws of various countries make special provisions for mandatory investigation. The doctrine of doctrine originated in the common law in England, aiming to enforce the legal compulsory sanctions by means of writs, and to give appropriate relief to individual rights is essentially a principle of right relief. At present, many countries adopt the doctrine of doctrine in compulsory investigations. The doctrine of doctrine in broad sense means that the investigating organ is obtained during the compulsory investigation