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现代法治的核心是行政权要受到法律的有效控制。侦查权作为一种行政权力,其法治化是现代法治国家对其进行控制与规范的基本规律。侦查权法治化的有效途径是从立法上将其宪法化,同时遵循法律保留原则和比例原则。我国侦查权在法治化过程中在立法上还存在种种弊端与不足,需要按照法治化原则的要求对其加以改造。
The core of modern rule of law is that administrative power should be effectively controlled by law. As a kind of administrative power, investigating power is the basic rule of modern law-governed countries in their control and regulation. The effective way to rule the law of investigative power is to make it constitutionally from the legislative point of view, meanwhile, to follow the principles of legal reservation and proportionality. In the process of legalization, the investigative power of our country still has some drawbacks and shortcomings in the legislation. We need to reform it according to the requirements of the rule of law.