侦查终结程序改革研究

A Study of the Reform of the Investigative Termination Procedure

两大法系在关于侦查终结的程序上存在着观念和立法实践上的差距。由于在传统上深受大陆职权式诉讼模式的影响,我国现行刑事诉讼法对侦查终结程序的规定是典型的职权式的,在侦查期间的设置和补充侦查的规定方面存在着较大问题,亟待改革、完善。

Differences exist both in the concepts and in the legislative practice of the procedures to terminate investigation in the world' s two major legal systems. Deeply influenced by the traditional continental authoritative modes of lawsuits, the stipulations of the criminal law concerning the procedures to terminate investigation currently in practice in China are typically official, which pose problems to the determination of the term of investigation as well as to the supplementary investigation.