我国刑事侦查权司法审查制度的确立和完善

On Establishing and Perfecting the Chinese Judicial Examining System of Criminal Investigation Power

我国刑事诉讼法在有关刑事侦查权的制度设计上存在严重的缺陷和不足,在赋予侦查机关侦查权力的同时,并没有规定相应有效的监督制约机制,以至于不可避免地造成了司法实践中因违法侦查而侵害公民合法权益的严重后果,其后又未能给予权利受害者以及时充分的司法救济。当前在刑事侦查程序中确立司法审查制度已成为刑事司法改革理论研究的主流呼声。为此,在我国现有法治框架下,如何构建我国的司法审查制度已是亟待解决的重要问题。

As we know a power lack of restriction will inevitably lead to the abuse of authorities. In China, criminal investigation is a right performed by a certain state office. There exist serious defects and shortcomings regards to the design of criminal investigation power in Chinese criminal law. While entrusting the investigative office the power of undertaking investigation, no relevant effective supervision restriction are regulated so that it will inevitably lead to the bad consequences of encroaching on civilians' legal rights due to the illegal investigation in practice and those civilian cannot receive judicial relief in time. At present, it is urgent for us to study the theory of criminal law reform. Therefore, how to construct Chinese judicial examining system under the current law frame has been an important problem to solve.