论我国侦查权的性质

侦查权是刑事诉讼中的一项基本的诉讼权能。如何认识侦查权的性质,既是一个理论问题,又有着极其重要的实践意义。长期以来,关于侦查权的性质一直就有行政权说和司法权说之争。事实上,侦查权的性质应是行政权,但现代侦查权又具有一定的司法化倾向。

On the Nature of Investigation Power in our Country

Investigation power is that public security organ and people's procuratorate have the investigation power according to the division of labour of jurisdiction, it can investigate the criminal cases by law and take the coercive measure. It is also a series of country power of collecting criminal evidence making sure the truth and finding ourt and seize criminal suspent. Investigation power is a basic lawsuit authority in the criminal lawsuit. How to realize the nature of it, it is not only a theory problem but also a vital practical meanings. There are always some disputes of the nature between administration power and judicial power for a long time. In fact, the nature belongs to the administration power. But the modern investigation power has some judicial tendency.