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滥用侦查权力是学界提出的侦查制度中较为突出的问题,它在实践中表现为刑讯遇供、超期羁押等非法行使侦查权力的现象。对于如何改革,学界不乏一些激进的主张,其中以要求对警察权力进行严格控制和立即赋予嫌疑人沉默权为代表。通过运用法律文化为分析工具,可认为在中国目前的政治、经济、文化条件下,滥用侦查权是局部的、技术层面的问题,可以通过系统内部不引起司法体制剧烈震动的措施逐步解决。而上述两种激进的主张在人、事、物等社会资源严重不足的情况下,都有虚置化的危险。
The abuse of investigative power is the more prominent issue in the investigation system proposed by the academic circles. In practice, it manifests as the phenomenon of illegally exercising investigative powers such as torture, prolonged detention and the like. There is no shortage of radical claims on how to reform the academic community, which is represented by the requirement of strict control of the police power and the immediate sustenance of the suspects. By using legal culture as an analytical tool, it can be considered that under the current political, economic and cultural conditions in China, the abuse of investigative power is a partial and technical issue that can be gradually solved through measures within the system that do not cause violent judicial system shake. However, the above two kinds of radical claims are in danger of being faked under the serious shortage of social resources such as people, things and things.