刑事诉讼法对刑侦工作的影响和思考

刑诉法吸收了当事人主义的现代诉法思想,指导思想上强调了对犯罪嫌疑人合法权益的保护,并在侦查、起诉和审判等各个诉讼阶段都作了新的规定。因此,这势必对刑侦工作产生影响,涉及面较广:侦查阶段律师可介入刑事诉讼对刑侦工作的影响;在审判阶段将法庭举证改为公诉人举证对刑侦工作的影响。同时,这将引起对刑侦工作的新的思考:在观念上,全面强化侦查人员的“证据观念”;在思想上,全面培养刑侦人员的法律意识;在操作上,实现刑侦工作由量向质的转变。

Criminal Procedure's Influences on Investigation

New law of criminal procedure absorbs contemporary ideology of criminal procedure law. Guiding ideology emphasizes the protection of lawful rights and new stipulation of interests of criminal suspect has been made to every litigation stage of investigation, suing and trial, which affects the investigation in lots of parts. For instance, during the period of investigation, lawyer is allowed to involve in and impose an influence on investigation; during the trial, public prosecutor puts forward the proof instead of court will be another influence on investigation work. Meanwhile, this also arouses new thoughts to investigation work. About concept, investigation staff should strengthen "sense of proof"; about ideology, the consciousness of law should be overall cultivated among investigation staff; about operation quantity, quality shall be realized during investigation period.