公安机关侦查程序违法现状调研报告

Survey on Actuality of Illegal Investigation by Public Security Organs

侦查阶段程序性违法情况比起诉、审判阶段更为严重。公安机关对违反侦查程序行为的制裁,更多是将视角集中在严重侵犯他人实体权利的程序性违法行为,并以实体权利的损害作为追究法律责任的基础;而公安人员侵犯他人诉讼权利的程序性违法行为得不到应有的制裁。同时,由于侦查过程的封闭性,受侵害人在整个过程中都处于被动甚至失去人身自由的地位,很难收集到证明侦查人员程序违法的证据,也造成了实践中“违法多、举报多、查处少”的局面。

Through analyzing the illegal investigation by public security organs in recent years, the violation of the procedural law in investigation is more serious than that in the prosecution and trial stage. The public security organs punish the illegal behavior breaking investigatory procedure concerning much more severe violation of suspect＇s substantial rights than infraction of the procedural rights, and regard the harm to substantial rights as the condition of investigating into liability. In addition as the investigation is a close procedure, the suspects＇ status in custody makes it difficult to collect evidence to prove the illegal procedure of the police, which resulted in the situation of ＂lots of malfeasance and report of offense, while few inquisition and punishment＂ in practice.