任意侦查行为论

On Consent Investigation

强制侦查与任意侦查是根据行为是否由相对人自愿配合为前提而对侦查行为所作的分类。任意侦查行为具有保障人权和提高侦查效率双重价值,因此受到了法治国家所普遍承认和重视。但任意侦查无需司法令状原则的约束,事前司法审查的阙如容易导致任意侦查权的滥用,因此各国对任意侦查行为进行了多方面的限制。

The difference between compulsory investigation and consent investigation is whether the suspect accepts it of his own accord. Consent investigation has dual values, which are safeguarding human rights and improving investigative efficiency. Accordingly, it is recognized by many legalized nations. Without the limitation of warrant requirement and judicial review in advance, consent investigation is often abused by police. So consent investigation should receive other limitation in many nations.