侦查手段的适用原则

由于侦查权是国家赋予专门机关追诉犯罪活动的一种强制权,如果不加以规制,就有可能侵犯公民的合法权益。为此,对于侦查权的行使,尤其是侦查手段的使用,我国刑事诉讼法应明确概括并在具体条文设计中规定任意侦查原则、强制侦查令状原则、比例原则、禁止先行传讯原则。

Applicable Rules for Investigative Means

Power of investigation is a kind of compulsory right franchised by the government to the specialized institutions to prosecute criminal activities. However, if the power of investigation were not restricted, violations to people's legal rights may occur. Therefore, the use of the power of investigation, and the application of investigative means in particular, should be clearly provided in the criminal procedure law. In the meanwhile, the doctrine of random investigation, the doctrine of coercive investigation, the principle of proportionality and the principle banning advance subpoena should also be stipulated.