侦查机关程序性决定可诉性研究

A Study on the Justiciability of Procedural Decision of Investigation

侦查机关程序性决定具有可诉性,这是公民享有诉权、被侵害权利获得公正救济以及法治国家的必然要求。侦查机关程序性决定可诉性对于防范侦查权滥用与提升刑事程序法地位具有重要意义。我国侦查机关程序性决定可诉性的制度缺失有深刻的历史和现实原因。构建我国侦查机关程序性决定可诉性制度,可从有权起诉的主体、侦查机关及其程序性决定可诉性的范围、有权对程序性决定进行审查的法院以及提起诉讼的程序进行系统设置。

The justiciability of procedural decision of investigation is the inevitable request that citizens enjoy the right of just claim ,fair relief obtained by the violated right and the country ruled by law. And it is of significance in preventing abuse of detection power and promoting criminal proceeding law status. The system deficiency of procedural decision of investigation in China attributes to history and reality. To construct the justiciability system of procedural decision of investigation in China, efforts need to be made from such aspects as subject access to charge, scope of detection institution and procedural decision, court access to examination of procedural decision of investigation and its litigant procedure.