侦查监督制度的考察与反思——一种基于实证的研究

A Survey and Reconsideration of the Investigation Supervision System: Based on a Positive Study

侦查监督相关实证研究反映,侦查监督权并没有充分控制侦查权。在侦查监督运行中,侦查监督权威与手段较弱,实务中侦查监督基本依赖卷宗。司法改革中检察机关进行了有所成效但值得商榷的探索。侦查监督权运行不力的原因在于侦查监督的理念突出犯罪控制而弱化人权保障,侦查监督主体对违法侦查行为与违法侦查人员缺乏制约,侦查监督职能行使的司法考核指标不合理。侦查监督制度的改革应以强化人权保障为目标,按照控权模式改造侦查监督权,提升侦查监督权威。

A positive study of the supervision over criminal investigation ,shows that the investigation power has not been actually controlled. While exercising supervision, people find that th,＇ supervision lacks authority and no effective measures are taken. Moreover, the supervision is exercised merely on case records. During the judicial reform, the prosecution tried to intervene in the investigation, thus to achieve some results, which are, however, of controversy. This author maintains that the reason why the investigation power is not effectively controlled lies in the fact that the notion of supervision of investigation highlights control of crimes rather than protection of human rights. The institution that exercises the supervision has no power to regulate illegal investigation acts or restrain personnel who breach investigation provisions. Furthermore, the check-up index of the supervision is not reasonable. While improving the supervision system, we should center on protection of human rights, develop the supervisory power in accordance with the pattern of control and strengthen the authority of the supervisory power.