我国侦查结构及其完善——以2012年刑诉法修正为背景

随着2012年刑事诉讼法的修正,我国侦查程序的结构得到一定程度的完善,但是依然存在着不合理之处,如侦查程序主体地位虚化、控辩对抗不足与缺乏中立的审查机关等。为进一步合理化改造侦查结构,我国应当确立侦查机关独立行使侦查权的原则、保障犯罪嫌疑人的主体地位、强化控辩对抗与强调公安机关、检察机关的客观公正义务等。

The Structure of Criminal Investigation and Its Perfection: On the Background of Amendment of 2012 Criminal Procedural Law

With the amendment of 2012 Criminal Procedural Law, the structure of investigation procedures has been perfected to a certain degree, but there are still some unreasonable defects, such as debased position of the subjects of investigation procedure, insufficiency of confrontation between prosecution and defense, lack of neutral examining authority. For the purpose of further streamlining the structure of investigation in China, the principle that investigation organs exercise power of investigation independently should be established, the subject position of criminal suspects should be ensured, the confrontation between prosecution and defense should be strengthened, and the objective and impartial obligations of public security organs and prosecution organs should be emphasized.