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侦查是刑事诉讼活动的基础和前提,它处于刑事诉讼程序的起始环节,也是重要的环节,关系到整个刑事诉讼的进程和结果。作为刑事诉讼过程中最重要的侦查权,其行使大都与公民的各种权益有关,如果缺乏必要的程序保障措施,侦查权就可能被滥用而侵犯公民的权利。所以,对它的控制毫无疑问成为当前世界各国司法界和法学界关注的焦点所在。各国也不同程度地对侦查权进行了各种司法控制。而相关的基础理论也正是众人所关注和探讨的重点。
Investigation is the basis and premise of criminal procedure activities. It is at the beginning and also an important part of the criminal procedure, which is related to the process and result of the whole criminal procedure. As the most important investigative power in the process of criminal procedure, its exercise is mostly related to the various rights and interests of citizens. Without the necessary procedural safeguards, the investigative power may be abused to infringe the rights of citizens. Therefore, the control over it has undoubtedly become the focus of attention of judicial circles and legal scholars in various countries in the world at present. Different countries have different degrees of judicial control over the power of investigation. The relevant basic theory is also the focus of everyone’s attention and discussion.