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强制性侦查措施的行使是国家权力同被追诉人权利相对抗的重要表现。当前为了追诉犯罪,查明事实真相,强制性侦查措施几乎没有受到有力的监督制约。笔者根据自身司法实践和在借鉴他人观点的基础上,提出以权利制约权力为思路,以扩大侦查监督范围、完善并强化侦查监督措施为途径,保障被追诉人的合法权益,并进一步提出若干完善强制性侦查措施监督机制的具体构想,以期抛砖引玉。
The exercise of mandatory investigation measures is an important manifestation of the confrontation between the state power and the rights of the accused. Currently, in order to prosecute crimes and find out the truth, mandatory surveillance measures are rarely subject to any effective supervision and control. Based on its own judicial practice and drawing on the views of others, the author puts forward the idea of restricting power as the right to expand the scope of investigation and supervision, improve and strengthen the investigation and supervision measures as a means to protect the legitimate rights and interests of the prosecutors, and further put forward some improvements Mandatory investigation of measures to monitor the specific concept of the mechanism, with a view to initiate.