国家监察体制改革背景下司法反腐的职能变迁与机制再造

Function change and mechanism rebuilding of judicial anti-corruption in the background of national supervision system reform

在国家监察体制改革全面实施的背景下,司法反腐功能随着职务犯罪侦查权的剥离发生重大变化。我国反腐败职权活动呈现出以党纪反腐为先导、以监察反腐为主力、以司法反腐为保障的鲜明特征。检察机关要充分发挥司法反腐的保障功能,就要坚持检察机关的政治性、人民性和法律性,把握刑事诉讼中反腐败刑事司法的特殊性和《监察法》关于监察机关移送案件的相关规定,构建符合反腐败与司法规律的职务犯罪专责机构,实现司法反腐职能变迁后的机制再造,形成监察机关与司法执法机关相互配合、相互制衡的工作机制。

nIn the background of the comprehensive implementation of the reform of the national supervision system, the judicial anti-corruption function has changed significantly with investigative power of duty-related crimes. The anti-corruption activities in our country present the distinctive features of the party discipline anti-corruption as the precursor, procuratorial anti-corruption as the leading force and judicial anti-corruption as the guarantee. If procuratorial organs are to give full play to safeguard function of judicial corruption, they must adhere to such nature of the procuratorial as being for politics, people and law, grasp the particularity of anti-corruption criminal justice in the criminal procedure as well as related stipulations in Supervision Law concerning transferring cases by procuratorial organs, construct exclusive task force organizations in accordance with the law of anti-corruption and judicial duty-related crimes, realize the mechanism rebuilding after the function change of judicial corruption, form the supervisory organ and the judicial law enforcement work mechanism of mutual checks and balances.