我国侦查主体设置的变迁与重构——以改革开放为研究起点

改革开放以来,我国侦查主体的设置总体上是符合发展规律的。但从新修订的刑事诉讼法及相关法律规范来看,仍存在着法律规定不统一、不详细且有相互矛盾之处等问题,而实践中侦查主体的侦查权和其他权力相互交错、权力滥用现象亦不少见。要改变这种现状,必须由法律统一并详细规定侦查主体,即各侦查机构及其人员组成,并努力向“大侦查机构”方向迈进。只有这样,才能使侦查主体的设置更加合法和合理。才能走向法治化和现代化。

Changes and Reconstruction of Setting of the Investigation Subjects in China

The setting of our investigation subjects is in line with the discipline of development in general since the reform and opening up. However, the problems that the law is not uniform, the items are not detailed and have inconsistencies still exist in the view of the new revised Criminal Procedure Law and relevant legal documents. The phenomena that the confusion of power of investigation and others,abuse of power in practice are also common.To change the situations,the investigation subjects,i.e.composition of various investigative agencies and their personnel must be ruled by unified and detailed law and the agencies should try to construct the ＂whole investigative bodies＂. Only in these ways can the investigation subjects be set more lawful and reasonable, and can be towards to the rule of law and modernization.