侦查程序中人权保护机制的缺失与进路

The Deficiency and Approach of Human Rights Protection in the Procedure of Investigation

在侦查程序的司法实践过程中,人权保障的缺失问题尚未得到有效解决。这主要表现在刑讯逼供屡禁不止、侦查主体滥用侦查强制措施等方面。这些问题的主要原因在于侦查程序中人权保护理念不到位,其中侦查权力缺乏有效监督与制约成为关键。问题的进路首要之处在于对侦查程序中人权保护进行伦理反思,牢固树立保障人权观念。同时,健全侦查程序法律制度、完善侦查权的配置设计、引入侦查司法审查机制、建立侦查侵权救济机制,从而实现侦查需要与人权保护的有机统一。

In judicial practice, the process of the investigation procedure, the lack of human rights protection has not been effectively resolved. This is mainly manifested in the repeated torture, abuse investigation body coercive measures and other aspects of the investigation. The main reason for these problems is that the concept of investigative procedures in place to protect human rights, including investigative powers lack of effective supervision and restriction become critical. The primary approach is to place the issue on the protection of human rights and the ethical reflection of investigation procedure, to firmly establish the concept of protection of human rights. At the same time, improve the investigative procedure legal system, improve the configuration design right of investigation, investigation of judicial review mechanism is introduced, the investigation established tort relief mechanism, in order to achieve the organic unity of the investigation requirements and the human rights protection.