论文部分内容阅读
侦查措施是侦查制度的核心内容,但由于它是各种矛盾的交汇点,侦查措施的规范历来比起诉以及审判程序的规范技术难度要大得多,这是由侦查权的性质以及侦查的目的所决定的。我国的侦查措施,无论是从限制警察任意执法权、规范侦查程序的角度看,还是从对被刑事追诉者合法权益的保护,甚至对警察的执业保护角度看,几乎每一项都存在着规范不甚科学的技术问题。对具体侦查措施进行立法技术上的分析,至少可以解决在程序操作上的无依据和不规范。这也是刑事诉讼侦查原则体现的前提和保障。
Investigation measures are the core of the investigation system. However, because it is the meeting place of various conflicts, the standard of investigation measures has always been much more technical and technical difficulty than the standard of prosecution and judicial procedure, which is determined by the nature of investigation right and the purpose of investigation The decision. The investigation measures in our country, no matter from the perspective of restricting the arbitrary enforcement power of the police, regulating the investigation procedures, or from the point of view of protecting the lawful rights and interests of criminal prosecutors and even the practice protection of the police, there are almost every regulation Not very scientific and technical issues. Legislation and technical analysis of specific investigation measures can at least solve the non-foundation and non-standard operation of the procedure. This is also the prerequisite and guarantee for the principle of investigation of criminal proceedings.