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《刑事诉讼法》修改以后,人民检察院在贪污贿赂等犯罪的侦查上遇到了一定的困难,《刑事诉讼法》规定:传唤、拘传持续时间最长不得超过12小时。也就是说,检察机关接到有关的举报线索后,就必须在十二小时内取得案件的突破。“十二小时内突破案件的问题”成为了反贪侦查的严峻课题。为了解决这一课题,近几年来,对于反贪侦查创新的讨论和实践也是非常热烈,在新的要求和形势下,如何形成一套依法、独立而又卓有成效的反贪侦查机制是迫在眉睫的任务,本文在分析反贪侦查创新的一些理论的基础上,结合工作实践,提出了依法独立侦查的设想。
After the revision of the Code of Criminal Procedure, the People’s Procuratorate encountered some difficulties in the investigation of crimes such as corruption and bribery. The Code of Criminal Procedure stipulates that the longest duration of summons and detention should not exceed 12 hours. In other words, procuratorial organs received the clues on the report, it must be made within 12 hours of a breakthrough case. “Breaking the case within 12 hours of ” has become a serious issue of anti-corruption investigation. In order to solve this issue, the discussion and practice of anti-corruption investigation innovation have also been very enthusiastic in recent years. Under the new requirements and circumstances, how to form an independent and effective anti-corruption investigation mechanism based on law is an urgent task This article, on the basis of analyzing some theories of anti-corruption investigation and innovation, combined with the practice of work, put forward the idea of independent investigation according to law.