中国私人刑事调查问题研究

Research on Private Criminal Investigation in China

私人刑事调查主要是指私人个体为查明刑事案件真实情况和犯罪嫌疑人所进行的各类取证活动。目前,中国私人刑事调查暴露出诸多问题,主要表现为私人刑事调查的主体身份地位多数没有得到国家法律明确认可,主体正当权益难以受到法律充分保护,调查对象范围和方式手段基本没有国家法律法规明确规范。

Private criminal investigation mainly refers to various activities of evidences investigation and collection carried on by any individual in an attempt to find out the facts about criminal cases and suspects. There are a great variety of problems exposed in private criminal investigation in China, which are chiefly described as follows: Subject identities of private criminal investigation are not mostly approved by the state laws; the legitimate rights and interests of the subjects are not fully protected by laws; the investigation coverage and approaches are not explicitly standardized by the state laws.