论我国侦查权监督控制机制的完善

On the Improvement of Supervise and Control System of Criminal Investigation Power in China

侦查权监督控制机制对防止侦查权滥用具有重要作用。当前我国侦查权监督控制机制主要存在主体权威性缺失、监控范围狭窄、监控方式缺乏操作性和监控时间滞后性等缺陷。应通过强化检察机关侦查监督权与自循环监督、扩大犯罪嫌疑人在侦查阶段的权利、公安机关主动避免侦查权力滥用三方面来着手完善我国的侦查权监督控制机制。

A systematic supervision and control of investigation power would play a very important role in preventing the power abuse. However, the present situation in China is characterized by lack of authoritativeness of the supervisors, the narrow scope of supervision, the inapplicability of the supervisory means, and the time lagging in supervisory actions. Therefore, it is suggested in this paper that, in order to improve the system of supervising and controlling the power of investigation, we should set about strengthening the supervising power of procuratorial organizations and the mutual supervision of supervisors, expanding the rights of criminals being investigated, and developing self-awareness of public securities in preventing the abuse of power during investigations.