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现代各国的刑事诉讼法大都规定了司法令状规则。该规则的确立是在刑事诉讼中保护公民基本权利的需要,符合程序正当的基本要求,体现了“司法最终裁决”、“控、审分离”、司法审查原则等现代法制原则的精神。然而我国侦查程序的封闭式设计使得侦查权的行使几乎不受司法权的控制,在立法中吸收司法令状规则的合理内容,以此作为我国侦查程序改革的重要内容是十分必要的。
Most modern criminal procedure law provides for the rules of judicial writ. The establishment of this rule is the need to protect the basic rights of citizens in criminal procedure, which is in conformity with the basic requirements of procedural legitimacy and embodies the modern legal system principles such as “judicial final ruling”, “control and trial separation” and judicial review principle spirit. However, the closed design of the investigation procedure in our country makes the exercise of the investigation power hardly controlled by the judicial power. It is necessary to absorb the reasonable content of the judicial writ in the legislation as an important part of the reform of the investigation procedure in our country.