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中美两国的法律文化在中央集权与地方分权、社会本位与个人本位以及权力至上与法律至上等层面的取向上存在明显的差异。这些差异深刻地反映在两国侦查制度在侦查组织制度、侦查行为、侦查程序结构等诸多方面的差异之中。比较研究表明,美国为其侦查制度在法律文化中政府权力向个人权利的妥协的价值取向而付出了相当的代价;同时,我国在借鉴与吸收某些西方的诉论理念与制度的过程中,不应忽视中西方在法律文化上存在的差异。
The legal cultures of China and the United States have obvious differences in the orientation of centralization and decentralization, social standard and individual standard, as well as the orientation of power supremacy and law supremacy. These differences are profoundly reflected in the differences between the reconnaissance systems of the two countries in many aspects such as the system of investigation and organization, investigation and investigation, and the structure of investigation procedures. The comparative study shows that the United States has paid a considerable price for the value orientation of the reconnaissance of government power to individual rights in the legal culture of the United States. At the same time, in the process of reference and absorption of certain western concepts and systems of appeal, The legal culture differences between China and the West should not be overlooked.