刑事侦查行政化取向之法律效果浅析

Discussion on Legal Effect of Criminal Investigation towards Administrative Means

基于现代法治原则,在法律属性上刑事侦查具有行政权的形式特征,在本质上是一项司法 权。行政化取向是我国刑事侦查制度运行的本质缺陷,必须以加快刑事侦查制度的职业化建设、对侦查 强制处分导入事后司法审查制度、提高诉讼的平等性等手段对刑事侦查制度的司法型进行改进。

Analyzing the purpose value of administrative power and judicial power based on the principles of modern rule of law system, we argue that criminal investigation, a practice of administrative power in format, is the practice of judicial power in essence. That leads to an evaluation of the existing Chinese criminal investigation institution and practice, which are both improperly regarded as administrative power only. Drawbacks are obvious, thus it is necessary to improve the criminal investigation practice by entrusting it with judicial power. We also raise measures for the reform.