中德侦查制度比较研究

中德两国的侦查制度各有特点中国侦查机关的单一系统有利于侦查部门的协作配合,侦查效率高,德国侦查机关的两个系统侦查权限不明,侦查效率低;德国侦查程序中的被害人有权强迫检察官起诉,有利于保护被害人的权利,中国侦查程序规定被害人有权申诉,给予被害人的权利比德国小;德国侦查强制措施限制的范围广,注重的是使公民权利在国家权力的强制性措施和非强制性措施面前都能得到有效保护,中国的强制措施只限于对公民人身权利的限制,注重的是运用措施收集证据;德国的非法证据限制排除原则,有利于保护国家利益,中国对非法证据的法律效力问题未作规定,容易导致司法部门各行其是;德国的强制证人作证制度,有利于侦查活动的顺利进行,中国不能强制证人作证,既浪费人力、物力,又不利于侦查.比较中德侦查制度的异同,吸收、借鉴德国的有益经验,有利于完善我国的侦查制度.

Comparative Studies on Criminal Detecting Systems between China and Germany

There are respective features in the criminal detecting systems both in China and Germany. The detecting organization system in China is single, but it is double in Germany. The single system is beneficial to cooperation of detecting departments and has high efficiency; however, the double one is ambiguous in the extent of detecting authority and has low efficiency. In the program of Germany detective system the injured has the right to oppress the prosecuting attorney to indict, which is favourable to protect the rights of the injured; it is defined that the injured have the right to appeal in Chinese detective program, while the rights granted to the injured is less than those in German system. The compulsive measure in German detective system is wider, and it aims at the effective protetion of citizenship with the compulsive measures and non compulsive measures, while in China, the compulsive measures are restricted to the limitation of citizenship, paying attention to collect the proof with the measures. Illegal proves in Germany restrict elimination laws, which is favourable to protect the national benefits; while there is no any regulations about the lawful effect of illegal proves in China, this is easy to lead the judictory departments to work separately. In Germany the testifier is forced to testify, which may is favourable to make the detective acitivites go smoothly; while in China it is not permitted to force the testifier to testify, which waste a lot of manpower and material resources, neither do favour to the detection. The author has compared the similarities and differences of these two systems, and their advantages and disadvantagts so as to absorb the beneficial experiences in Germany system and to advance the criminal detecting system in China.