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军队侦查权是国家军事机关依法享有的侦查权力。军队侦查权的性质定位有“援用主义”和“延伸主义”两种理论。军队侦查权的法律渊源有国家军事法授权和国家刑事法授权两种模式。军队侦查权的军事属性是其最基本的属性,体现在目的、客体、主体和运行方式等方面具有最低限度的军事特征。我国军队侦查权定位于国家侦查权在军队的延伸,由国家刑事法律直接授权。这种性质定位和法律渊源导致军队侦查权的军事属性严重缺失。应当按照“援用主义”定位和“军民分制”“平战分离”原则,通过制定和修改相关法律法规,重塑我国军队侦查权的军事属性。
The investigative power of the armed forces is the investigative power enjoyed by the state military organs according to law. The nature of the investigation power of the armed forces has two theories: “aidism” and “extensionism”. The legal sources of the investigative power of the armed forces include the two models of the authorization of the state military law and the authorization of the state criminal law. The military attribute of the army’s investigative power is its most basic attribute, which manifests itself as having the minimum military characteristics in terms of purpose, object, subject and mode of operation. The detection power of our armed forces is located in the extension of the investigative power of the state in the army and is directly authorized by the state criminal law. This nature orientation and legal sources have led to a serious lack of military attributes in the army’s investigative powers. The military attributes of the investigative power of the PLA should be reshaped by formulating and amending the relevant laws and regulations in accordance with the principle of “aidism” and “separation of civil and military branches and peace and war”.