论民行侦查权的合理运用

民行侦查权几经起落,最终还是回归。各地检察院民行部门近几年运用该权力查办司法人员职务犯罪成果寥寥。是法院公正无私？还是检察院查处无力？如是前者,为何民间指责之声不绝于耳、执行潜规则大行于世？看来原因在于后者。没有侦查权的有效行使,注定了民行检察的积贫积弱和抗诉效果的差强人意。检察机关应当重新认识和处理法检关系;提高发现线索的能力和意识;实行科学的职务犯罪办案模式;重点查处执行人员的职务犯罪。

On Reasonable Use of the Investigation Right of Civil and Administrative Procuratorial Work

The investigation right of civil and administrative procuratorial work had several ups and downs and finally returned. In recent years, the civil and administrative procuratorial department of people’s procuratorate has few results in investigate and deal with judiciary staffs by using the right. Is the court fair and unselfish？ Or the procuratorate incapable？ If the former is yes, why are there many censures from folk and casting couch so popular？ I think the answer is the latter. The ineffective use of investigation right is destined to weakness of the investigation right of civil and administrative procuratorial work and goodish result of counterappeal.The procuratorate should re-cognize and handle the relationship between court and procuratorate,improve the ability and conciousness of discovering clues,carry out scientific models to deal with criminals by using the right,and focus on check the executor＇s criminal by using the right.