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现行刑侦查模式下侦查机关的侦查活动具有主动性与主导型双重特性,且缺乏有效的监督;明确刑侦人员出庭作证义务、启动证据合法性调查程序以及作为刑事关系当事人的犯罪嫌疑人在侦查阶段人身权、沉默权、辩护权、律师帮助权等相关权利保障,最大限度地实践程序公正、透明以及权力与权利的均衡配置,藉此体现法律程序正当。要解决社会转型时期司法改革进程中的难题,构建和谐、人道、法治的司法环境,不能仅靠正当程序的程序文明和法治文明。但毋庸置疑,侦查领域的正当程序问题是我国刑事司法改革中最具关键性的问题之一。
Under the current criminal investigation mode, the investigative organ’s investigative activities have the dual characteristics of initiative and dominance, and lack of effective supervision. They also clarify the obligation of criminal investigators to testify in court, initiate the procedure of investigating the legitimacy of evidence, and the criminal suspects in the investigation stage Personal rights, the right to silence, the right to defense, the right to help lawyers and other related rights protection, to maximize the practice of procedural fairness, transparency and the balance of power and rights allocation, to reflect the legitimate legal process. In order to solve the difficult problems in the process of judicial reform in the period of social transformation and to establish a judicial environment of harmony, humaneness and the rule of law, we can not rely solely on procedural civilization and civilized law by due process. However, there is no doubt that the issue of due process in the field of investigation is one of the most crucial issues in the criminal justice reform in our country.