过程与效果:刑事案件审核机制之实证研究——以侦查程序为中心

Process and Effects: An Empirical Study on Examination Mechanism of Criminal Case——Taking the Investigation Procedure as Center

加强侦查权力的控制是当下学术界讨论的热点问题,但既有研究对实务关注不够。案件审核制度是公安机关内部对侦查权力进行控制的重要制度。该制度在控制和规范侦查权力行使方面已经发挥了一定积极作用,但受整体政治权力结构与固有认知框架的影响,现阶段的控权功能还较为有限,应加以完善,以推动侦查法治化的进程。

Strengthening control of the investigative powers is a hot topic in contemporary academic issues. However, attention to practice is insuffieien in current researches. Case examination mechanism is an important system about control of investigative power in public security agency. The system has played a positive role in controlling and regulating the exercise of investigative power. Affected by overall political power structure and the inherent cognitive framework, power control function is limited at this stage and should be improved to promote the process of rule of law about investigation.