侦查本质论

通过对侦查概念的剖析,探寻侦查行为的本质属性。以"密侦"为突破口,纵观古今,找寻从"侦察"到"侦查"的过渡。进而,进一步辨析秘密侦查与技术侦查的关系,探寻侦查的强制性与谋略性。侦查权的制衡,秘密性与强制性的限制,需要其对立面公开性与任意性。结论:"暗中查证"是侦查活动的本质属性,"公开查证"只是出于对司法公正的价值追求而对侦查权的一种限制。

Comment on the Nature of Investigation

By analyzing the investigation concept,the paper tries to probe into the nature of investigation behaviors.With the secret agent as a breakthrough,taking the past and present as reference,it probes into the transition from reconnaissance to investigation and makes further analysis of the relationship between secret reconnaissance and technical investigation so as to explore the coercion and strategy of investigation.The restraints to the investigation right,to the secrecy and coercion require the opposite’s openness and willfulness.In conclusion,the secret investigation is the attribute of investigative activities and.The open investigation is just to seek for the value of judicial justice but a restraint to the investigation right.