对职务犯罪批捕权上提一级后的现实思考

2009年最高人民检察院试行的职务犯罪批捕权上提一级取得显著成效,但在实践中也存在下级检察机关怠于行使侦查监督职责,侦、捕、诉衔接不畅影响案件质量,承担错案责任主体不明确,上级检察机关的不捕决定缺乏有效监督等问题。因此,上下级检察机关要健全机制履行侦查监督职责,建立上下畅通、左右联动的侦、捕、诉衔接机制保证案件质量,要完善考核标准,厘清错案责任,要对上级检察机关的不捕决定实行备案审查制度。

Arrests for Crimes Committed on the Right Think to Mention A Reality after

Though it has achieved prominent effects that the power of arrest concerning crimes by taking advantage of duty exercised by the people＇s procuratorate has been upgraded to higher level,which was carried out by the supreme people＇s procuratorate in 2009,there are some problems in practice such as the lower level people＇s procuratorate neglecting investigative supervision,unsmooth connection among the investigation,arresting and prosecution influencing the quality of the case,the responsible subject for the misjudged cases being uncertain,lacking effective supervision on the higher people＇s procuratorate.So we should amplify necessary mechanism to peform the duty of investigative supervision,establish connecting mechanism between the higer and the lower people＇s procuratorate and each department in the people＇s procuratorate to assure the quality of the case.And we should improve the reasonable evaluation mechanism and distinguish the responsibility of the misjudged case,and establish a filing review system to non-prosecution decision of higher level.