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检察机关自侦部门长期以来查处职务犯罪案件多适用“以人立案”模式,这一立案模式虽然立案准确率高、撤案率小,但是对立案条件规定过严,机动性欠缺,一定程度上束缚了办案人员的手脚,而且在办案实践中以“以人立案”独重违背了立法原意,使许多有价值的且可以适用“以事立案”的线索无法成案,无法对职务犯罪进行全面有效打击。近些年,相当一部分法学专家和检察同仁们对自侦案件“以事立案”模式的运用进行了理论研讨和实践探索,成果明显。高检院在2003年也发布了《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》,随着职务犯罪侦查实践的发展,“以事立案”大有用武之地。
Procuratorial organs since the investigation department has investigated and dealt with cases of criminal crimes for more than a long time “people to file a case ” model, although the filing pattern of high accuracy of filing, the withdrawal rate is small, but the filing conditions are too strict, lack of mobility, To some extent, the hands and feet of investigators are restrained, and in the practice of handling cases, “solemnity of people” is contrary to the original intent of the legislation. As a result, many valuable and applicable clues can not be brought to justice. Conduct a comprehensive and effective crackdown on job-related crimes. In recent years, a considerable number of law experts and procuratorate colleagues have conducted theoretical research and practical exploration on the use of self-detective cases and “filing cases with cases”, with notable achievements. In 2003, the Supreme People’s Procuratorate also promulgated the Provisional Regulations on Filing Criminal Cases by the Department of Criminal Investigation of Procuratorial Offices. With the development of criminal investigation of duty crimes, it is of great use in the investigation of criminal cases.