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侦查权滥用是当前侦查阶段比较突出的问题,导致侦查权滥用的根本原因,在于办案刑警没有树立起正确的诉讼和侦查理念。树立侦查法治理念,一切依法办事在刑事侦查阶段,刑警法治理念至少应包括: 法律至上,宪法至尊理念法律至上、宪法至尊是法治不可或缺的两个要件。美国法学家伯尔曼说过:“法律必须被信仰,否则它形同虚设。”我们应该有法律信仰意识,理应以宪法和法律作为最高行为准则,自觉维护宪法和法律的尊严和权威,抵制“隐形法”对宪法、法律权威的冲击,遏制侦查中的地方保护主义。法律大于权力理念这本是法律至上、宪法至尊的应有之义,但对于我们这样一个长期奉行“权力本位”的国家来说,加以特别强调仍具有重要的现实意义和深远的历史意义。任何人不得以权代法,以权压法,以权乱法,以权废法;任何人在
The abuse of investigative rights is a prominent problem in the current investigation stage. The fundamental reason leading to the abuse of investigative powers lies in that the Criminal Investigation Police did not establish the correct concept of litigation and investigation. Establish the concept of investigating the rule of law, all in accordance with the law in the criminal investigation stage, Interpol ruled by law should include at least: the supremacy of the law, the concept of supremacy of the law the supremacy of the law, the supreme constitution is the rule of law two indispensable elements. The American jurist Berman said: “The law must be believed, otherwise it is ineffectual.” We should have the awareness of legal belief and should regard the constitution and the law as the highest standards of conduct. We should consciously uphold the dignity and authority of the constitution and the law and resist “invisibility Law ”on the Constitution, the impact of legal authority to curb local protectionism in the investigation. Law is greater than the concept of power This is the supremacy of the law and the supremacy of the Constitution. However, placing special emphasis on such a country that has long adhered to the “power standard” still has important practical significance and far-reaching historical significance. No one shall use the power of attorney as the law to impose pressure on the law, to chastise the law, and to abolish the law;