论侦查权的配置与制约

Collocation and Restriction of Investigating Powers

我国侦查权配置与制约具有多个主体享有侦查权、侦查手段多样灵活等特点,同时也存在侦查权的行使较少受到限制与制约,侦查主体分散、效率不高和法外侦查正当化等问题。为此,应当遵循保障人权、控辩平衡、资源整合、权力受制的原则,对我国侦查权的配置与制约进行优化,具体包括:建立廉政署统一行使职务犯罪的侦查权,扩大被控诉方的权利,强化人民检察院的侦查监督职能等。

China’s collocation and restriction of investigating power has some characteristics. For example, there are multiple subjects boasting of investigating power, and there are various devices of investigation. Meanwhile, the execution of investigation power is less restricted and bound. The subjects of investigation are scattered with low efficiency. The investigation beyond criminal procedure law is legalized. Consequently, the collocation and restriction of China’s investigation power should be improved in accordance with the principles of guaranteeing human rights, the balance between accusation and defense, the integration of resources and the restriction of power. Concretely speaking, this includes: the establishment of investigation power on official negligent crime integrated by incorruptible government bureau, enlarging the rights of appellee, strengthening the function of investigation and supervision of People’s Procuratorate, etc.