再论侦查主体——与《侦查主体体系分析》一文商榷

A Second Research on Investigation Subjects——Discussion with Analysis of Investigation Subjects System

《侦查主体体系分析》一文从侦查法主体的视角,提出了不同法律制度下侦查主体的差异问题。侦查法主体的性质,关涉到其法律关系是否适合案侦生产力的问题。法主体的权责利,有两方面的含义:一是针对侦查组织中的侦查员群体而言的,他们是侦查活动中的生产力要素;二是将侦查组织看成人的结构系统方式,则其表现的是侦查活动中的生产关系。侦查法主体的局限性就在其脱离了事实的视角。法学的立足点是实证,而不是法权,但实证也是有局限性的。侦查主体应该"以人为本",以侦查员为本。

From the perspective of subjects in investigation law, the thesis Analysis of Investigation Subjects System puts forward that there are differences between investigation subjects in different law systems. Whether the legal relationship of investigation subjects is suitable for the investigative productivity is involved with the characteristic of investigation subjects. There are two implications in the right,responsibility and benefits of law subjects. Firstly,as far as investigators are concerned, they are the productivity factor in investigation. Secondly,if we regard investigative organization as a system of human being,it presents productive relationship in investigation. The limitation of subjects in investigation law is that it is divorced from fact. The footing of jurisprudence is not right,but positivism which has its limitations. In conclusion,investigation subjects should be people-oriented,that is,based on investigators.