职务犯罪侦查权的限制与扩张

惩罚犯罪与保障人权并重是我国现行刑事诉讼法的主题思想.长久以来,由于受“重打击、轻保护”的司法传统、“犯罪控制论”的诉讼目的理念和我国反腐败形势等因素的影响,我国职务犯罪侦查权侵犯人权现象时有发生.现行刑诉法通过确定辩护制度、证据制度、技术侦查等制度,对职务犯罪侦查权进行了扩张和限制,为人权保障提供了立法基础.

On Restriction and Expansion of Official Crimes Investigation Power

The punishment of crime and protection of human rights are the theme in current criminal procedure law in China. For a long time, human rights are violated by investigation power in official crimes from time to time because of the influence of the judicial tradition of ＂emphasizing combat but ignoring the protection＂, the concept of litigation purpose of ＂the theory of controlling crime＂, and China＇s anti -corruption situation. Duty investigative power has been expanded and restricted in current criminal procedure law through defense system, evidence system, and technical investigation system so as to provide the legislative basis for the protection of human rights.