论侦查程序中的宽严相济刑事政策

Criminal Policy on Coordination of Benevolence and Stringency in Investigative Procedures

宽严相济的刑事政策对于实现刑事诉讼的目的,保障侦查机关依法行使职权,保障犯罪嫌疑人、被害人的合法权益和节约侦查资源、提高侦查效率具有重要的意义。由于对宽严相济的刑事政策存在认识上的偏差,在侦查活动中存在滥用羁押性强制措施,侦查模式、手段落后,过于依赖犯罪嫌疑人的口供,犯罪嫌疑人的合法权益没有得到有力的保障等问题。侦查机关应当转变观念,提高侦查水平,适度采用强制措施,充分保障犯罪嫌疑人的合法权益,完善案件处理方式,加强侦查监督,以更好地贯彻落实宽严相济刑事政策。

It is of importance that the criminal policy on the coordination of benevolence and stringency for achieving the purpose of criminal proceedings, supporting the investigative organs to exercise their powers, protecting the suspects＇s and the victims＇ rights, saving detection resources and improving detection efficiency. Because the knowledge of relative degrees of strictness in the criminal policy on the coordination of benevolence and stringency is of some bias in the inves- tigation practice, there are many problems such as abuse of custodial coercive measures, outdated detection mode, over-re- liance on the confession of suspect, and the suspect＇s legal rights are not strongly protected. In order to better implement criminal policy on the coordination of benevolence and stringency, the ideas have to be changed, the qualities of investiga- tion have to be improved, the coercive measures have to be appropriately used to fully protect the rights and interests of the suspects, the handling of cases has to be improved, and the supervision of investigation has to be strengthened.