论侦查权的性质与特征

侦查权在我国被认为是一种司法权,这导致犯罪嫌疑人在认为侦查机关的行为违反法律规定时无权申请法院进行审查,这对于保护被追诉人的权利是极其不利的。从本质上来看,侦查权是一种执行权,这与行政权是一致的,而与司法权有着根本的差异。从基本特征来看,侦查权在价值与功能、体制与人员以及权力运作方面也与司法权有着根本的差异。

Nature and Characteristics of Investigation Power..

In our country the power of investigation is deemed as a kind of judicial power, which results in that the criminal suspect has no right to apply for the court to review the investigation when he think that it is illegal. It is not beneficial to the protection of the right of the criminal suspect. In point of nature, the power of investigation is a kind of executive power, which consists with administrative power, but is different to judicial power. In addition, in point of fundamental character, the power of investigation is of much difference to judicial power in value or function, in structure or personnel, or in the operation of power.