论刑事侦查的司法制约机制

针对刑事侦查过程中犯罪嫌疑人的权利保障问题，提出基于新刑事诉讼法的刑事侦查制约机制的完善途径。从理论依据入手，论述了程序正义理论、最终裁决原则、人权保障机制的相关理论，借鉴国外建立刑事侦查制约机制的经验，总结出制约国家追诉权的共同点，主要有申请保释权利、到庭听证权利等。最后给出完善刑事侦查制约机制的建议，分别从提起程序、受理程序、审理程序三个方面对刑事侦查流程进行制约，进一步改善犯罪嫌疑人的诉讼权利。

On the Judicial Restriction Mechanism of Criminal Investigation

In order to protect the right ofthe suspect during criminal investigation, the state, based on the new criminal litigation law, has put forward improving way to judicial restriction mecha nism. On the basis of the theory, this article discusses the knowledge of the procedural justice theory, final decision principles and human right protection mechanism. Learning from foreign experience of constructing judicial restriction mechanism for criminal investigation, it summarizes the common points which mainly lie in the rights to apply for bail and rights to attend the court hearing. Finally, it will put forward some suggestions for restricting criminal investigation from three aspects, namely application, acceptance and trial, and further improving the right of the suspect＇s lawsuit rights.