侦查权的性质与配置研究述评

A Review of Studies on the Nature and Allocation of Power of Investigation

侦查权的性质和配置是侦查学和刑事诉讼法学的重要研究对象,也是我国理论界和实务界争议较大的问题。侦查权性质的科学定位是侦查权合理配置的前提。侦查权的性质可以归纳为行政权属性说、司法权属性说、行政司法双重属性说三种;侦查权的合理配置主要包括侦查权在不同机关之间的配置、同一机关内部的配置以及侦查权的司法控制等问题。当前的研究主要集中于侦查权的司法控制和检察机关侦查权的合理配置等方面。

As an important object of study,the nature and allocation of power of investigation is an issue of much debate both in theoretical and practical circles of China.Appropriate allocation of power of investigation is based on the scientific orientation of power of investigation.As for the nature of power of investigation,there are mainly three theories which respectively attribute power of investigation to administrative power,judicial power or to both of them.Appropriate allocation of power of investigation refers not only to the allocation of power of investigation between different organs but also that inside the same organ as well as the judicial control of power of investigation.Current studies mainly focus on the judicial control and appropriate allocation of power of investigation.