论侦查权的概念及性质

运用形式逻辑中“属加种差”的定义方法,可以将侦查权的概念表述为:侦查权是法定侦查机关,为了查明事实、收集证据、查获犯罪嫌疑人,依照法律规定,采取特定措施的一种国家权力。侦查权既不是单纯的行政权,也不是单纯的司法权,而是一种带有行政权和司法权双重属性的独立的国家权力。“行政权和司法权双重属性”是其特殊属性,“国家权力”是其一般属性。

On the Concept and Nature of Investigation Power

The concept and nature of investigation power belong to the category of basic theories in investigation, which need probing into deeply. By means of "adding differences in the same category" in the formal logic, the paper defines Investigation Power as "a kind of sate power that the legal investigation organ takes special measures in accordance with legal provisions in order to find out truth, collect evidence, and arrest the suspect". As for the nature of Investigation Power, I hold the opinion that it is neither the simple executive power nor judicial power, but a kind of independent state power with the attribute of both executive power and judicial power. So it takes on the double attribute of " executive power and of judicial power "as its special attribute, and "state power "as general attribute.