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侦查不公开是各国侦查实践中的基本原则,具有保障人权和打击犯罪的双重功效。然而,司法实践中,侦查不公开原则屡遭诟病。如何破解侦查不公开原则面临的实践困境成为当下难题。将刑法中法益权衡理论引入刑事诉讼程序中,在法益权衡的视角下深入研究侦查不公开原则及其例外,对于完善侦查不公开原则大有裨益。
The non-disclosure of the investigation is the basic principle in the investigation practice of all countries and has the double efficacy of safeguarding human rights and cracking down on crimes. However, in judicial practice, the principle of investigating non-disclosure has been repeatedly criticized. How to solve the unpredictable investigation of the principle of practice faced the dilemma of the moment. Introducing the legal rights and interests trade-off theory into the criminal procedure in the criminal law, deeply studying the principle of non-disclosure of investigation and its exceptions from the perspective of law and interests benefit is of great benefit to improving the principle of non-disclosure of investigation.