职务犯罪刑事程序的体系化检视

On the Systematic Review of Criminal Procedures for Duty-related Crimes

随着监察体制改革的深入推进,我国的职务犯罪刑事程序逐渐自成体系。立案调查程序中的管辖确定、人身强制措施、录音录像、内部监督等方面,以及审查起诉中的公诉裁量、缺席审判程序等方面的特殊规定共同构成了当前我国职务犯罪刑事程序的独特内容。体系化的职务犯罪刑事程序形成了权力集中、权利弱化和重视合作的特点,对我国近年反腐败压倒性态势的形成起到了重要作用。不过,这一程序也面临权利保障与权力制约失衡、公诉裁量权受限及国际刑事司法合作掣肘等问题。未来一段时间最为可行的职务犯罪刑事程序完善途径应当是以兼顾被调查人权利为出发点,着力解决监察机关地位、防止干扰办案与被调查人权利保障等问题。

With the in-depth promotion of the reform of the supervisory system,China’s criminal procedures for duty-related crimes have gradually become a system of its own.The jurisdictional determination,compulsory measures against persons,audio and video recording,and internal supervision in the case-filing and investigation procedures,as well as special provisions on the discretion of public prosecution and trial in absentia procedure in the review and prosecution together constitute the unique content of the current criminal procedures for duty-related crimes in China.The systematic criminal procedures for duty-related crimes have developed characteristics of centralized power,weakened rights and emphasis on cooperation,which have played an important role in the formation of the overwhelming anti-corruption trend in China in recent years.However,such procedures also face problems such as imbalance between rights protection and power restraint,limited discretion of public prosecution and constraints of international cooperation of criminal justice.The most feasible improvement of the criminal procedures for duty-related crimes in the coming period should be started from taking into account the rights of the investigated person,with focus on resolving issues such as the status of the supervisory authority,preventing interference with cases handling and the protection of the rights of the investigated person.