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一般来说,刑事诉讼的目的有两点,其一为惩罚犯罪,其二为保障人权。侦查的程序作为刑事诉讼的一个重要环节,理应包含以上述两个目的。现如今我国侦查机关在侦查活动中多采用侦查不公开原则,虽然这种情况,从惩罚犯罪这一出发点来说,确实能够快速、彻底的办理案件。但是侦查机关的这种不公开方式也造成了我国在司法实践中的冤假错案屡屡发生,这在很大程度上都与侦查活动的不公开有关。因此,从诉讼法上对侦查活动做出合理规定与限制,以达到保障犯罪嫌疑人的合法权益免受非法侵害,西方国家的法制建设起步较我国早,侦查适度公开原则的开展也较我国完善,因此,本文认为借鉴西方国家在侦查适度公开的先进经验,能够促进我国侦查适度公开原则的建立与完善,加强我国的民主法治进程。
In general, the purpose of criminal proceedings is twofold: one is to punish crimes and the other is to protect human rights. As an important part of criminal proceedings, the procedure of investigation should include both of these purposes. Nowadays, the investigating authorities in our country often adopt the principle of “investigation of unclassified” in their investigation activities. Although this is the case, from the starting point of punishing crimes, it is indeed capable of handling cases promptly and thoroughly. However, this non-disclosure of the investigative organ has also resulted in the frequent occurrence of unjust and false cases in our judicial practice, which is largely related to the non-disclosure of criminal investigation activities. Therefore, from the procedural law on the investigation activities to make reasonable provisions and restrictions in order to achieve the protection of the criminal suspects legitimate rights and interests from illegal infringement, the western legal construction started earlier than ours, the investigation of the principle of fair disclosure than China’s perfect Therefore, this dissertation holds that drawing on the advanced experience of the western countries in investigating moderate publicity can promote the establishment and perfection of the principle of fairness and openness of our investigation and strengthen the process of democratic rule of law in our country.