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十八大以来,最触动检察机关工作人员神经的改革,不是司法责任制的推行,而是检察机关职务犯罪侦察部门转隶。在检察机关职务犯罪侦查部门整体转隶后,查办职务犯罪的职能由新成立的监察机关行使,检察机关继续履行批捕、起诉职能,根据起诉工作需要行使必要的补充侦查权,那么,还能否在特定条件下独立行使犯罪案件的侦查权,以及如何行使对于侦查机关侦查刑事犯罪案件(包括职务犯罪案件)介入权。笔者在此提出一些想法,以供参考。
Since the 18th CPC National Congress, the reform that most touched the nerves of procuratorate staff was not the promotion of judicial responsibility but the transfer of the duty criminal reconnaissance department of the procuratorial organs. After the procuratorial organ’s job crime investigation department transferred its duties as a whole, the function of investigating and handling job-related crimes was exercised by the newly-established supervisory organ. The procuratorial organs continued to perform the functions of arresting and prosecuting authorities and exercising the necessary supplementary investigative powers according to the needs of the prosecution work. How to exercise the right of investigation for independently conducting criminal cases under certain conditions and how to exercise the right of intervention in investigating criminal cases (including duty crime cases) by investigation agencies. I put forward some ideas here, for reference.