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侦查是为以后的诉讼程序服务。在国外很多国家规定侦查机关是有案件分流功能。在我国虽然法律没有规定,但实际上侦查机关很多时候都在行使此功能。笔者认为在侦查程序中分流案件是不符合法律规定的,具有不可行性。
Investigation is to serve the future proceedings. In many foreign countries, it is stipulated that the investigation organ has the function of diversion of cases. Although the law does not stipulate in our country, in fact, the investigating organ is often exercising this function. The author believes that the diversion cases in the investigation procedure do not conform to the law and are not feasible.