论对公安机关刑事侦查行为的司法控制

公安刑事侦查行为不受法院司法审查的制度存在两个弊端:一是人民检察院监督不力,二是刑事侦查行为与行政行为的界限模糊,为公安机关逃避司法审查提供借口。要从根本上解决这个问题,应当在刑事侦查行为中引入司法审查制度,人民法院的司法审查应全面体现在侦查活动的整个过程中。

On Administration of Justice Control to Public Security Organ''''s Criminal Investigation Behavior

The system of public security men's criminal investigation behavior is not checked by court, which has two drawbacks. First, the people's procurator ate. supervisement is insufficient , second, the demarcation line of criminal investigating and administrative behavior is fuzzy , offer the excuse for the fact that the public security organ escapes the examination of the administration of justice. It should introduce the judicial censorship in the criminal behavior of investigating to solve this problem fundamentally; the examination of administration of justice of people's court should be reflected in the whole course of investigation in an all-round way.