检察机关职务犯罪案件侦查权及监督制约机制

通过探析检察机关拥有职务犯罪案件侦查权之合理性,分析对检察机关的职务犯罪案件侦查权进行监督制约的必要性和可行性,找出监督制约的重点与难点,尝试建立起以制约机制为主、以监督机制为辅的监督制约机制。这对于确保检察机关侦查活动的合理性、公正性,维护检察机关的宪法地位将大有裨益。

Studies on the Supervision Restriction System and the Procuratorial Organs'''' Investigating Authority for On-duty Crimes

This subject analyzes the rationalization of the procuratorial organs' authority to investigate the crimes by taking advantage of duty and it also analyzes the necessities and feasibilities that the procuratorial organs' authority to inspect the crimes by taking advantage of duty should be restricted.It finds out the important and difficult points of the supervision restriction and tries to establish the supervision restriction system that the restriction system is taken as of prime importance while the supervision system is taken as assistance subsidiary.This is helpful not only to ensure the rationalization and justice of the procuratorial organs' inspecting activities,but also to safeguard the procuratorial organs' constitutional status.