监察调查提前介入实践完善研究

检察机关提前介入职务犯罪监察调查是监察机关与检察机关互相配合、互相制约原则的实现机制。针对介入过程中协助调查与公诉准备的角色定位冲突,应当在追诉职务犯罪目标统筹下予以平衡。当前检察提前介入监察调查存在适用率过高、实施细则不完善以及救济机制不健全等缺陷与不足,应当完善提前介入案件遴选机制,优化介入流程,赋予被调查人救济权,以提高程序正当性。

Research on the Role Definition and the Practical Improvement of Advanced Intervention of the Supervisory Investigation

In order to realize the principle of mutual cooperation and restriction between the supervisory committees and the procuratorial organs,the procuratorial organs should intervene in the supervisory investigation of the crime of corruption in advance.However,the role conflict between the investigating assistance and the prosecution preparation exists in process of advanced intervention,which should be balanced under the target of prosecuting the crimes of corruption.At present,the application rate of procuratorial intervention in supervision investigation in advance is too high.And there are still some shortages in the rules of implementation and remedy mechanism.To solves these problems and guarantee the legitimacy of the procedure,the selection mechanism of the cases to be intervened in advance should be improved,the process of invention should be optimized,and the remedy right should be granted to the respondents.