法治化背景下侦查功能的局限性及其克服

Investigation Function's Limitations in Context of Rule by Law and Solutions

十八届四中全会将依法治国提到更加重要的高度,在法治化背景下依法侦查,更有效地发挥侦查功能是整个刑事诉讼的重要环节。侦查功能是侦查目的、侦查价值、侦查任务的研究基础。侦查功能通说观点是"揭露、防控、保障"三大功能,随着人们认识的增加以及侦查实践经验的累积,对侦查功能内容的研究呈现更加丰富的理解。不论如何进行分类,不能否认的是侦查功能在发挥中具有局限性,侦查功能发挥的主体即侦查人员具有局限性,侦查揭露和防控功能具有局限性,以及侦查活动不可避免地要侵犯个人权益的局限性等等。要想克服侦查功能的局限性,不仅仅是从侦查系统内部进行完善,更要将侦查放入法治化背景中,推进侦查法治的进行。

The Fourth Plenary Session of the 18 th Central Committee of the CPC has increased the significance of rule by law to a higher degree. Carrying out criminal investigation in the context of rule by law to ensure the effective function of investigation is an important part of criminal procedure. The function of investigation is the basis for studying the purpose, value, task of criminal investigation and the prevailing view holds that it has three elements： exposure, prevention and guarantee. With the development of knowledge and the accumulation of experience, people have a richer understanding of the contents of investigation function. Despite of its classification, it is undeniable that the limitations of investigation function are displayed by investigators＇ limitations, the limitations of exposure and prevention functions, the limitation that personal interests are inevitably infringed in criminal investigation, etc. To overcome these limitations calls for improving the internal system of criminal investigation as well as pushing forward investigation legalization.