刑事侦查自由裁量论纲

Outline of the Discretion in Criminal Investigation

当今中国的刑事侦查实践,自由裁量权的行使存在泛化、滥用等不规范现象,在实践中造成极其恶劣的后果,引发社会公众的广泛谴责。相反,理论界对于这一问题尚缺乏深入透彻的研究,实属遗憾。为保障刑事侦查机关正确行使权力,避免权力行使越界,有必要从理论层面对刑事侦查自由裁量的基本理论问题进行阐释,并且剖析中国刑事侦查自由裁量的突出问题,同时提出完善的基本对策。

Presently, some abnormal phenomena, such as generalization and misuse of discretion in China＇s criminal investigation practice have resuhed in extremely harsh consequences, triggering widespread condemnation from the public. Nevertheless, it is regrettable that theorists have neglected the study on this issue. In order to guarantee the criminal investigation authorities＂ properly exercising their power and prevent power misuse, it is imperative to theoretically expound the basic theoretical problems of the discretion in criminal investigation, analyze related outstanding issues and propose effective countermeasures.