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由于我国一直存在着“重实体轻程序”的传统观念,程序意识相对落后,正当法律程序观念亦不发达。长期以来,我国的学者和实务机关多从技术的角度来理解刑事侦查,只将其看成警检机关单方的刑事追诉行为,未能将其“诉讼”性质体现出来。本文旨在通过对刑事侦查程序中正当性原则的考察,揭示刑事侦查程序所应包含的正当性要素,以此为参考对我国刑事侦查程序的现状进行分析,提出相应的改革建议,以推动我国刑事侦查程序的正当化进程。
Since China has always existed the traditional concept of “heavy entity light procedure”, its procedural awareness is relatively backward, while the concept of due process of law is also underdeveloped. For a long time, scholars and substantive organs in our country have always understood criminal investigation from a technical point of view, treating it as a criminal prosecution act unilaterally by the police inspection organ and failing to reflect its “litigation” nature. The purpose of this paper is to examine the legitimacy principle in the criminal investigation process, to reveal the legitimacy factors that should be included in the criminal investigation procedure, to analyze the current situation of the criminal investigation procedure in our country as reference, to put forward the corresponding reform proposals to promote our country The legal process of criminal investigation procedure.