侦查谦抑性论纲

侦查谦抑性原则有其哲学、政治学及法理学、经济学基础,它的基本要求是侦查行为的最后性、侦查行为的必要性、侦查行为的相应性、侦查行为的合法性及侦查结果的非起诉性等。目前,西方各国主要通过制度的设立这一静态途径和侦查运行过程中警察自由裁量权内敛这一动态途径来实现侦查的谦抑化。我国在这方面还有很大差距,应在借鉴的基础上实现侦查的谦抑化。

Analysis on the compress of investigation

The principal of compress of investigation has its base of philosophy,politics,law-theory,economic and so on.Its ordinary demand is the corresponding right of investigation and the ultimate,necessary,corresponding,legitimate behavior as well as the non-appeal result of investigation.Currently,in order to achieve the principal of compress of investigation,most western countries have taken making- up systems as a stationary access and self-control the right of policeman during the course of investigation as a motive method.In my opinion,there is very big distinction on this question in China.We ought to carry out the compress of investigation on the base of learning and conferring to the foreign countries.