职务犯罪侦查工作机制存在的问题及对策——以基层检察院职务犯罪侦查工作为视角

Countermeasures to the Problems in the Current Investigation Mechanism Concerning Crimes by Taking Advantage of Duty——From the Perspective of Investigation of Crimes in Local Authorities

目前我国检察系统职务犯罪侦查工作中存在着案件线索来源渠道不宽,线索及侦查管理属地化、抗干扰能力弱,初查手段有限,侦查资源分散,队伍管理和基建设施落后,保密机制不健全等问题,有必要建立健全职务犯罪侦查工作机制、"内线情报网络"机制、外部调查取证配合机制、工作保密机制和污点证人制度,完善初查程序的立法和侦查强制措施,并集中线索管辖权和侦查权,整合侦查资源。要加强省级检察院对基层检察院的指导和领导工作,切实解决目前职务犯罪侦查工作中存在的问题,推进职务犯罪侦查工作的深入开展。

For the smooth practice of investigating crimes by taking advantage of duty, it＇ s important to complete the current investigation mechanism. At present, some problems exist in the investigation mechanism concerning crimes by taking advantage of duty. No sufficient channels can provide the clues to the crimes and information about clues can＇ t be obtained in time. The management of clues and investigation of crimes are localized. As a result, the ability to resist interference is weakened. The investigation and regulations at the primary stage aren＇t sufficient but low- leveled and monotonous. At the same time, the sources of investigation are separated rather than gathered. The management and construction of investigation team fall behind the times. Summons for detention shall not exceed 12 hours, which makes the time for summons too short. Legal methods of investigation aren＇t sufficient; however, special methods can＇t be applied in investigation. What＇s more, the system of non-disclosure isn＇t complete when investigating crimes by taking advantage of duty. Consequently, measures should be directed at the above problems in the current investigation mechanism so as to promote the expansion of investigating crimes by taking advantage of duty.