论刑事侦查的基本原则

On the Basic Principles of Criminal Investigation

刑事侦查的基本原则并没有为我国刑事诉讼立法所确认,学术届对此亦缺乏统一的观点和认识。而这也导致了司法实践中,在刑事侦查措施的具体运用上出现了诸多的问题。与我国刑事侦查程序立法的改革与完善相适应,我们应当在刑事诉讼立法中明确规定刑事侦查的比例原则、保守秘密与适度公开相结合的原则、任意侦查原则为主强制侦查为例外的原则和侦查独立原则。

The basic principles of criminal investigation have not been confirmed by Chinese criminal legislation, on which lacks unified perspectives and understanding in the academic field. This also leads to many problems in judicial practice and the application of measures of the criminal investigation. To adapt to Chine＇e, reform and improvement of the Criminal investigation procedures and legislation, we should clearly stipulate the prinsiole of proportionality in the legislation of criminal action, the principle of confidentiality and appropriate publicity, the principle of any investigation as the priority and the mandatory investigation as the exception of the principles and the principle of independent investigation.