军队刑事侦查制度若干理论问题

军队刑事侦查制度是指由国家法律和有关军事法规规定的,军队刑事侦查机关的性质、任务、组织体系、活动原则及具体工作规则等方面规范的总称,它是国家刑事侦查制度的一个特殊组成部分,也是刑事侦查学研究的内容之一.根据刑事侦查制度结构划分理论,军队刑事侦查制度应由立案制度、侦查工作制度、侦查组织制度和侦查立法制度构成.与国家侦查制度相比,军队刑事侦查制度具有四个特征即侦查权的双重性、管辖原则的特殊性、战时侦查程序的特殊性和有关强制措施的特殊性.

Several Theoretical Problems on Military Criminal Investigation System

The military investigation system is the total rule concerned with the nature, duty, organization, active principles and work regulations of the investigation which guided by the national and military law. It is a special part of the national criminal investigation system and the content that criminalistics should research too. According to the general theory of dividing the structure of the investigation system, the military investigation system is composed of registration system, investigation work system, investigation organization system and investigation legislation system. Compared with the national criminal investigation system, the military investigation system has four features as following:the military investigation authority has dualism; The principles of ruling over the cases have particularity; The investigation procedure has particularity on wartime. Some compulsory measures have its particularity.