刑事侦查模式及其诉讼理念分析

An Analysis of Pattern of Criminal Investigation and Conception of Criminal Lawsuits

刑事侦查模式不仅仅指刑事侦查结构,还应当包括结构下侦查权的运作方式。不同侦查模式的形成是由不同的刑事诉讼理念作用的结果。而探析这些理念,不仅可以为客观评价我国现行侦查模式提供价值标准,也可以为我国刑事侦查模式的重构与完善提供必要的价值选择。

A pattern of criminal investigation does not involve only the structure of criminal investigation. However, it also involves the ways of operation of investigation rights guided by the structure. Different patterns of criminal investigation have been developed as a result of different conceptions of criminal lawsuits. An analysis of the conceptions provides not only a value yardstick for the objective measurement of the current patterns of criminal investigation but also a necessary value choice for the reconstruction and perfection of criminal investigation in China.