论和谐侦查的目的

On the Purpose of Harmonious Investigations

侦查目的就是侦查想要达到的境地或得到的结果。侦查目的的变化,必然导致侦查价值和功能的损益。欲构建和谐侦查,就必须从侦查目的观的变革和转型着手。侦查目的的现有理论包括:公判准备说,公诉准备说和侦查独立说,此三种学说各有优劣。和谐侦查的直接目的是查清事实真相,获取证据,抓获犯罪嫌疑人;间接目的是为起诉和审判做准备,助益社会和谐。

The purpose of criminal investigation is the purpose or result the criminal investigation intends to attain. The change of the purpose inevitably affects the change of investigative value and function. The construction of harmonious investigation has to set about from the innovation and transformation of investigative purpose. The current theories of investigative purpose include preparation for the judgment, preparation for the prosecution, and the independence of investigation, which have their own advantages and deficiencies. The immediate purpose of harmonious investigation is to find out the truth, obtain the evidence and capture the criminal suspect; the mediate purpose is to prepare for the prosecution and judgment, and assist to benefit the harmonious society.