职务犯罪侦查中应确立刑事司法拘留制度

检察机关在职务犯罪侦查刑事诉讼活动中，经常会遇到犯罪嫌疑人以及其它诉讼参与主体有尚不构成刑事犯罪或者妨害诉讼程序顺利进行的行为。然而由于缺乏法律依据，侦查部门面对此类行为往往束手无策。文章引入刑事司法拘留制度为此提供了一种介于严厉刑罚与完全免责之间的第三种处理方式，并设计了一系列立法构想。

Establishment of the Criminal Justice System of Detention in Job-related Crimes Investigation

In the job-related crimes prosecution criminal investigation the department often encountered that the suspect and other subjects have participated in the proceedings that do not constitute a criminal offense or prejudice the proceedings to be carried out smoothly. However, due to the lack of legal basis for investigation departments are often helpless in the face of such acts. The author introduced the system of criminal justice detention to provide the third way between full range of severe penalties and disclaimer deal and designed corresponding series of legislative ideas.