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侦查谦抑性原则有其哲学、政治学及法理学、经济学基础,它的基本要求是侦查行为的最后性、侦查行为的必要性、侦查行为的相应性、侦查行为的合法性及侦查结果的非起诉性等。目前,西方各国主要通过制度的设立这一静态途径和侦查运行过程中警察自由裁量权内敛这一动态途径来实现侦查的谦抑化。我国在这方面还有很大差距,应在借鉴的基础上实现侦查的谦抑化。
The principle of investigative modesty has its philosophy, political science and jurisprudence, and its economic foundation. Its basic requirements are the final act of investigation, the necessity of investigation, the correspondingness of investigation, the legitimacy of investigation and the result of investigation Non-prosecution and so on. At present, all countries in the West mainly achieve the moderation of investigation through the static channel of system establishment and the dynamic channel of restraint of police discretion during the investigation and operation. There is still a long way to go in this regard in our country. We should try to make the investigation modestly suppressed on the basis of reference.