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司法实践中,侦查作为侦查机构代表国家单方面针对个人、法人或单位进行的追诉活动,常常面临着限制和剥夺公民基本权益的问题,也存在着侦查权被滥用的危险。因此,如何构建一种旨在约束权力的法律规制,确保处于被追诉地位的公民拥有一些最基本的防御权,就成为现代侦查制度研究的课题。应从规范侦查权的行使、完善对违法侦查行为的惩戒措施、强化犯罪嫌疑人地位、技术侦查法定化以及健全监督机制等方面对侦查权的规制做一些初探,力求使刑事侦查权的行使建立在权利得到保护的基础上,从而使侦查程序更具正当性。
In judicial practice, as a prosecutorial agency, the investigation on behalf of the state unilaterally prosecutes individuals, legal persons or units, often faces the problem of restricting and depriving the citizens of their basic rights and interests, and the danger of abuse of the investigative powers. Therefore, how to construct a legal regulation aimed at restraining power and ensure that the citizens who are being prosecuted possess some basic defensive powers have become the research topics of the modern investigation system. We should do some preliminary research on the regulation of investigation right in the aspects of regulating the exercise of investigative power, perfecting disciplinary measures against illegal investigation, strengthening the status of criminal suspects, statutory investigation of technical investigation and sound supervision mechanism so as to make the exercise of criminal investigation right based on The rights are protected on the basis so as to make the investigation procedure more justified.