论职务犯罪指定管辖的利与弊

近几年来,刑事司法实践中指定管辖的案件越来越多,特别是对涉及职级较高官员的职务犯罪案件,指定管辖几乎已成为一种趋于固定的模式。由于有关刑事案件指定管辖的法律规定不够完善,理论研究相对薄弱,导致指定管辖实践中的许多问题不能很好地得到解决。因此,结合现有法律规定和法理,兼顾现实需要与可能,对职务犯罪指定管辖实践中的问题进行深入分析和探讨,逐步加以改进和完善,就显得十分必要。

Advantage and Disadvantage of Assigned Jurisdiction for the Crime by Duty

In the last few years, in the criminal justice practice assigned jurisdiction case gets more and more, especially when involves the high rank official＇s crime by duty, assigned jurisdiction has become nearly fixed pattern. Because the legal rule related assigned jurisdiction for criminal case is in no consummation, the fundamental research is relatively weak, so many problems about the assigned jurisdiction has not to been able to be solved well in practice. Therefore, considering the existing legal rule, the legal theory, and the real, as well as the possible needs, we should carry on the analysis and discussion about the assigned jurisdiction to the crime by duty, and improve it gradually, which is very essential.