论侦查谋略与司法诚信

侦破案件需要智谋,司法权威需要诚信,它们具有冲突性。侦查并非纯粹的司法,取证只是司法的准备。侦查效率需隐蔽案侦情况,司法准备需取证公开。侦查谋略需有欺骗性,司法诚信需有正当性。我国立法曾考虑到谋略欺骗性的合法化问题。侦查谋略合理化有四个标准。刑侦职业道德有异于公开原则,忠于事实和法律是侦查员最大的诚信。其真诚善意,体现在对待当事人的具体态度上。实施侦查谋略,并不必然违背司法诚信。谋略运用需要个人素养,也需要制度保障。如何把握非法取证与侦查谋略的界限,体现在用谋施策的细微之处,反映着司法诚信的大局与面貌。

On Investigation Strategy and Judicial Integrity

To detect cases, intelligence and strategy are needed. Besides, to ensure judicial authority, integrity is needed. However, it has a conflict between them. Investigation is not a pure judicature and obtaining evidence is a preparation for judicature. We should conceal investigation situation to guarantee detection efficiency. During the process of judicial preparation, we should obtain evidence and make them public. Investigation strategy might be deceptive, while judicial integrity must have legitimacy. Our country has considered the question of legalization of strategy fraudulence. The rationalization of investigation strategy has four standards. The investigation professional ethics is different from principle of publicity, it is the greatest integrity for investigators to be loyal to the truth and the law. We can tell their sincerity and kindness by how they treat parties. Implementing investigation strategy is not necessarily against judicial integrity. To use strategy, we need good personal accomplishment and institutional guar- antee. How to hold boundaries between illegal collection of evidence and investigation strategy is embodied in the subtleties of using strategy. In addition, it reflects general situation and features of judicial integrity.