侦查构造理论评析

An Analysis of the Theory of Criminal Investigation Structure

侦查构造理论是诉讼构造理论的衍生,是诉讼构造理论的一个特定方面。美国学者和日本学者提出的侦查构造理论均存在各自的理论缺陷。中国侦查构造有自身特点,但也存在一定缺陷,应按照法律程序的价值精神完善我国的侦查构造。

The theory of criminal investigation structure. Various flaws exist in the theories put theory by Chinese scholars, however, has its own structure is a special part of the theory of prosecution forward by the American and Japanese scholars. The features and is not flawless. The improvement of such a theory should accord with the spirit of value in the legal procedure.