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长期以来,反渎职侵权部门大都采取“以人立案”的方法,即对本部门直接受理的案件,不仅要求通过初查掌握足够的犯罪事实,而且还要确定具体的犯罪嫌疑人,两个条件同时具备才能立案。这种方式对立案条件把握过严,虽然立案准确率高、撤案少,却违背了刑事诉讼法的立法本意,束缚了侦查人员的手脚,使许多有价值的线索因未及时立案并采取相应的强制措施而无法成案。高检院2003年发布了《关于检察机关职务犯罪侦查部门以犯罪事实立案的暂行规定》,随着渎职侵权侦查实践的发展,积极推行“以事立案”的方式大有可为。
For a long time, most departments of anti-malpractice and infringement departments have taken the method of “filing a case by people”, that is, cases directly handled by the department not only require that preliminary criminal investigations be thoroughly mastered, but also that specific criminal suspects, Conditions at the same time have the ability to file a case. Although this method has a strict grasp on filing conditions, it has violated the legislative intent of criminal procedure law and restrained the investigators’ hands and feet. Although many valuable clues were not filed in time and taken accordingly Of the compulsory measures can not be formed. In 2003, the Supreme People’s Procuratorate promulgated the Provisional Regulations on Filing Criminal Cases by the Department of Criminal Investigation of Procuratorial Offices. With the development of the investigation and practice of malfeasance and infringement, the proactive implementation of the “case-based case filing” is promising.