侦查的类型学研究

Study on Investigation in a Typology Approach

为了对侦查概念作深入的把握,有必要进行类型学的研究。从侦查制度的性质看,分为权力抑制型侦查和权力主导型侦查;从侦查制度的价值取向看,分为人权保障型侦查和犯罪控制型侦查;从侦查程序的启动看,分为随机型侦查和程序型侦查;从侦查程序的运行看,分为职权式侦查和对抗式侦查;从侦查行为的方式看,分为强制性侦查和任意性侦查。

It is necessary to do a research deeply on the concept of investigation in a Typology Approach. According to the nature of investigative system, there are two types of power restrain and power dominant; According to the value trends of investigative system, there are one for protecting human rights and one for control, crimes ; According to the starting of investigative process, there are both procedural type and random type; According to the practice of investigative process, there are both antagonism type and functional authority type; According to the method of investigative action, there are both compulsory measure and arbitrary measure.