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在司法实践中,侦查程序一直备受重视。从某种层面上讲,真正决定犯罪嫌疑人、被告人命运的程序不是审判,而是侦查。然而,在刑事司法实践中,犯罪嫌疑人因侦查机关的违法行为遭受侵害的现象却屡禁不止,笔者试图从保障犯罪嫌疑人权利的视角出发,通过对我国侦查制度中出现的若干问题进行分析,认为建立法院对侦查行为的司法审查制度才是真正实现司法公正,建构一个使犯罪嫌疑人等利害关系人有效、平等对抗国家权力空间的有效途径。
In judicial practice, the investigation process has always been valued. In a certain sense, the procedure that really determines the fate of criminal suspects and defendants is not a trial, but an investigation. However, in the practice of criminal justice, the criminal suspects have been infringed upon by the investigating authorities for violations of law. However, the author tries to analyze some problems that appear in the investigation system of our country from the perspective of safeguarding the rights of criminal suspects. It is an effective way to establish the judicial review system of the court for the investigation behavior to truly realize the justice of the judiciary and to establish an effective and equal fight against the power space for the interested parties such as criminal suspects.