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联合侦查组是一种新型国际刑事合作方式,在打击和惩治跨国犯罪方面取得了良好的效果,但是作为一种新生事物,必然也会出现一些问题。欧盟将广泛开展联合侦查组作为其实现刑事司法一体化的重要措施之一,从立法和实践对该制度进行了积极探索,对其发展起到了重要的推进作用,提供了宝贵的经验。为了更好地在世界范围内推进联合侦查组的发展和运用,以欧盟的立法和实践为视角,对联合侦查组制度作一探讨,对在实践中出现的立法不完善、信息共享不畅通、侦查权和侦查措施立法实践差异带来的问题进行分析,将会对其他国家和地区运用和发展联合侦查组有借鉴意义。
The Joint Investigation Team is a new type of international cooperation in criminal law that has achieved good results in cracking down and punishing transnational crimes. However, as a new-born thing, some problems inevitably arise. The EU will extensively conduct joint investigation team as one of its important measures to realize the integration of criminal justice. It has actively explored this system through legislation and practice and played an important role in promoting its development and provided valuable experience. In order to promote the development and application of the joint investigation team in the world better, from the perspective of the EU’s legislation and practice, this article discusses the joint investigation team system, imperfections in legislation, incomplete information sharing, Analyzing the problems brought about by differences in the legislative practices of investigative powers and investigative measures will be of reference to the use and development of joint investigation teams in other countries and regions.