如何实现刑事侦查的法治化

On How to Realize Investigative Legalization

刑事侦查活动中存在着诸多矛盾,主要包括犯罪行为与侦查行为、侦查权的被动性与主动性、有效性与合法性之间的矛盾,矛盾若不能合理化解,则必然演化为侦查权滥用,并进而造成冤假错案。侦查法治化是刑事侦查的现实需求,它能够化解矛盾、实现公正,其主要内容包括侦查主体的职业化、侦查理念的现代化和侦查权运行的程序化。

There are several intrinsic contradictions as regards criminal investigative activities, mainly including that between crime and investigation, as well as that of investigative power between initiative nature and passive nature, effectiveness and legitimacy. If such contradictions fail to be settled reasonably, abuse of investigative power and even wrongfully convicted cases are doomed to come along. Investigative legalization capable of resolving the discrepancy and approaching justice, can obviously satisfy all points of investigative legalization are principally composed the realistic requirements of criminal investigations. The of professionalization of investigative subject, modernization of investigative conception, and proceduralization of investigative power operation.