论"法外侦查"制度

我国法定侦查制度与法外侦查制度并行,侦查法治主义的大趋势与法外侦查合理主义的潜流共存。"法外侦查"制度,即侦查法律之外,有侦查政策与制度,有侦查主体、侦查程序、侦查手段、侦查目的,法外侦查侵权不负法律责任。"法外侦查"制度存在"相对合理性",但是,它毕竟与侦查法治主义及其发展趋势格格不入,弊害越来越多、越来越深,必须革除。

On the Investigation System beyond Criminal Procedure Law

China has a dual criminal investigation system, which means that the one of criminal investigation systems regulated by criminal procedure law and the other beyond the law are coexisted in our society, but the legalized criminal investigation system is the mainstream. Under the criminal investigation system beyond the law, the policies or provisions, investigators or related bodies, process, investigation measures and purpose, can all be out of the control and limit of law. Though the criminal investigation system beyond law ever had its relative rationality, it after all has been conflicted with the current of legalization of criminal investigation systems, and it has so much canker that needs to be abolished.