我国侦查监督机制的反思与重构

On Reflection and Reconstruction of Investigation Supervision Mechanism in Our Country

侦查过程容易侵犯到犯罪嫌疑人的各项基本权利,西方国家都注重通过立法加强对侦查行为的制约与监督。我国刑事诉讼法虽然也涉及到这个问题,但还存在诸多的问题,这就使得对侦查行为的制约力度大打折扣。因此,基于规制侦查行为的合法性和人权保障的需要,必须重塑我国的侦查制约机制。

The basic rights of criminal suspects are easily infringed upon in the process of criminal investigation. In western countries, the restriction and supervision of investigation behaviors are strengthened through legislation. Although the criminal procedure law of our country also involves the problem, but there are many problems in it, which weakens the restricted power towards criminal investigation. Therefore, based on the need to regulate legality of criminal investigation and the guarantee of human rights, the restriction mechanism of investigation in our country must be reconstructed.