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职务犯罪侦查实质是“从无到有”、“从供到证”的有罪推定过程,具有天然的主动性和扩张性,故职务犯罪侦查权必须得到有效监控。但对职务犯罪侦查权的监控不应仅是对其扩张性的限制,本文所述的监控既包括对侦查机关滥用侦查权的制约、亦有对怠于行使侦查权的督促,从我国职务犯罪侦查权的监控现状和原因出发探讨相关问题。
The essence of duty crime investigation is the process of guilty presumption of “from scratch ”, “from the evidence ”, with the natural initiative and expansibility, so the crime investigation power must be effectively monitored. However, the monitoring of the duty of investigation on job-related crimes should not only be a limitation on its expansibility. The monitoring described in this article includes not only the restriction on the abuse of investigative powers by the investigating authorities, but also the supervision over the right to investigate, Investigation of the right to monitor the status quo and reasons to explore related issues.