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犯罪嫌疑人以外的任何第三人都有可能成为强制侦查措施的实施对象,但对案外第三人实施强制侦查措施应当受法律上的严格限制。我国现行法律对侦查机关对案外第三人实施强制侦查措施未作任何有别于犯罪嫌疑人的特别规定,案外第三人也没有充分有效的救济途径。因此,必须在法律上对侦查机关启动对案外第三人的强制侦查措施设置严格的实体及程序限制,包括启动强制侦查措施必须有合理根据,必须符合比例原则,执行强制侦查措施必须按照批准的范围,案外第三人在事后要享有充分有效的救济手段。
Any third party other than the criminal suspects may become the object of compulsory detection measures, but the compulsory detection of the third party outside the case should be legally restricted. The existing law of our country has not made any special provisions different from the criminal suspects for the compulsory investigation by the investigation organ against the third party outside the case, and the third party outside the case does not have a sufficient and effective remedy. Therefore, it is necessary for the law enforcement agencies to set strict physical and procedural limits on the investigative agencies’ efforts to start the mandatory investigation of third-party offenders. The measures that must be taken to start the compulsory investigation must be based on the principle of proportionality and the compulsory investigation must be conducted in accordance with the approved Range, the case of a third party after the event to enjoy full and effective means of relief.