论强制侦查构造的法治化

强制侦查与任意侦查是根据侦查行为的实施是否以相对人自愿配合为前提而对侦查行为所作的分类。强制侦查因其对公民个人权益的潜在威胁而要求在实践中遵循相应性原则、法定性原则和司法审查原则。我国应当完善强制侦查的立法 ,建立强制侦查司法审查制度和完善的强制侦查救济制度 ,以实现强制侦查构造的法治化。

On Legalization of Compulsory Criminal Investigation Construction

Compulsory criminal investigation and general criminal investigation is classified by the premise that its implementation whether needs the counter-partner’s voluntary cooperation or not. Because of its potential threats to citizen’s personal interest, when the compulsory criminal investigation measures are taken, the principles of proportionality, legality and judicial examination should be followed in practice. In our country, the legislation for compulsory criminal investigation should be perfected, at the mean time, the judicial examination system for compulsory criminal investigation should be established and the relief system for it also ought to be improved in order to realize the legalization of compulsory criminal investigation construction.