论文部分内容阅读
我国新刑事诉讼法修正案以保障人权为其立法初衷,基于对自由价值的关怀,对许多原有侦查权所涉条文进行了颠覆性变革,但是,如果缺乏配套的政策跟进,人权保障和侦查权实施在某些场域很可能会超出立法者本意,陷入此消彼长的窘境。最典型的就是渎检侦查权和保障人权的博弈。本文试从渎检侦查权和保障人权冲突的具体表现、矛盾的成因及未来的解决途径三部分来论述,希望可以有助于渎检侦查权和保障人权走出此消彼长的困局,走上平衡发展之路。
The amendment of our country’s new criminal procedure law takes the protection of human rights as its legislative original intention. Based on the concern for the free value, many of the original provisions on investigation have been subjected to subversive changes. However, in the absence of supporting policy follow-up, protection of human rights and In certain areas, the implementation of the investigative powers is likely to exceed the legislature’s intention and fall into the doldrums. The most typical is the game of investigating the crime of dereliction and safeguarding human rights. This article tries to discuss the concrete manifestation of the conflict between investigating power and safeguarding human rights, the cause of contradiction and the way of solution in the future. I hope it can help the dilemma of investigating power and protecting human rights, On the road to balanced development.