侦查程序在刑事诉讼审前程序中处于一种核心地位,侦查权的行使如何符合法治并有效运作是理论和实务都要面临的问题。现今我国侦查机关所采取的强制性侦查行为呈现了近乎不受控制的状态:犯罪嫌疑人的人权得不到保障,由此造成的冤假错案也是频频见报。侦查人员执法方式的粗野、原始只是这一问题的表面现象,根源在于侦查权的权属定位在理论上、立法上出现了偏差,将侦查权定位为行政权并构建司法审查制度是解决上述弊端的根本途径。 Investigation procedures are at a central position in the pretrial procedure of criminal proceedings. How to exercise the investigative powers in line with the rule of law and operate effectively is a problem both in theory and practice. Nowadays, the compulsory investigation conducted by our investigative authorities shows a state of almost uncontrolled: the human rights of criminal suspects can not be guaranteed, and the resulting unjust and wrong cases are also frequently reported. The primitiveness of investigators’ law enforcement methods is only the superficial phenomenon of this issue. The root cause lies in the fact that the ownership of investigative power is located in theory and there is a deviation in legislation. It is the legislative problem to locate the investigative power as an administrative power and construct a judicial review system to solve the above drawbacks The fundamental way.