侦查法治化的实现规律及其借鉴

On the Rule of Law of Investigation

侦查法治化既是一种目标和结果,更是一个历史过程。考察各国侦查法治化的实现进程,可以发现以下共通性规律:对侦查权的控制,逐步由静态走向动态,由内控走向外控;被追诉人权利的实现,由审判阶段向侦查阶段推移,从应有权利、法定权利向实有权利转化。我国侦查程序改革,应借鉴上述规律和经验,积极、稳妥地推进侦查法治化进程。

Rule of law of investigation is a historical process as well as the processes of rule of law in many countries, the author finds the following a goal and result. After researches of rules ： the control of powers of investigation is changing from being static to being dynamic; the fight of the prosecuted should be guaranteed from legal rights to actual rights which can be gained in the investigation not in the trial. The procedure reform of investigation in China should learn from the above mentioned rules so that rule of law of investigation can be advanced steadily and effectively.