检察机关自侦案件侦查制约机制问题研究

由于侦查活动的特殊性及隐蔽性,侦查行为在实践中很容易被滥用。为有效保障侦查对象的合法权益,对侦查行为进行合理的监督成为侦查程序中一个不可或缺的环节。在我国,检察机关在被授予法律监督权的同时又享有侦查犯罪的权力。一直以来,检察机关自侦案件的监督存在严重的缺失,法律的公正性受到严峻挑战。因此,应当从立法上进行约束,赋予辩护律师相应的权力,以完善侦查制约机制。

On Check-and-control Investigation Mechanism of Self-investigation Case of Procuratorial Organ

In practice, the investigative behavior is special and hidden, which tends to make it abused frequently. In order to safeguard the investigatee＇s legal equity, it is necessary to give it proper supervision from the procedure perspective. In our country, the procuratorial organization is awarded not only the supervision fight but also investigation right, which leads to lack of supervision on the self-investigation case, and directly affects legal impartiality. Therefore, in order to perfect the check-and-control investigation mechanism, it should be controled from the legislative perspective and give related right to the defense lawyer.