略论我国刑事侦查程序主体之构造

On Structure of the Subjectl of the Criminal Investigation Procedure of Our Country

我国目前的侦查程序主体主要是担负追诉任务的侦查机关,犯罪嫌疑人在整个侦查程序中都处于一种消极的防范状态,相对于侦查机关所享有的广泛的权力而言,犯罪嫌疑人并没有获得真正的主体地位。此外,因为缺少一个系统的司法审查机构,法院或法官在整个审前程序中均无权介入,未能成为侦查程序中的主体。针对我国的侦查程序主体单元化的格局,宜更新法治理念,确立司法审查制度,创建主体多元化的格局。使控辩裁三者达到一种和谐的统一。

At present, the subjects of the investigation procedure in our country are the investigation organs that take on the proceeding. The suspect is in a passive defended condition, during the whole investigation procedure. Compared with the forceful power that the investigation organs own, the suspect does not actually obtain the status as the subject. Moreover, because of the lacking of systematic judicial investigation mechanism, the court or judge has no right to intervene in the whole pretrial procedure, and so cannot become the subject of the investigation procedure. Based on the structure of singular subject in investigation procedure in our country, it＇s necessary to renew the rule - by - law concept and establish judicial investigation system to found a structure of pluralistic subject, thus to integrate the accuser, the advocate, and the judge harmoniously.