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研究职务犯罪侦查管辖需要解决好三个层次的问题:一是哪些侦查机关享有职务犯罪侦查权;二是职务犯罪侦查机关对哪些案件享有侦查权;三是如何处理职务犯罪侦查管辖权争议。三大法系主要国家一致明确了职务犯罪侦查的主导者为检察机关;将贪污贿赂、渎职侵权列为职务犯罪侦查的基本案件范围,对原案采取与职务犯罪本案一并管辖的原则,并且扩展到与外国官员和国际组织官员职务犯罪有关的案件;职务犯罪侦查管辖权冲突一般都采取非诉讼的方式,不提供救济途径,且处理结果一般也直接影响审判管辖权归属。
It is necessary to solve the three levels of problems in the research on the investigation of job-related crimes: first, which investigation agencies have the right to investigate and deal with duty crimes; second, which cases should be investigated by the duty crime investigation organs; and third, how to deal with disputes over jurisdictional investigation of duty crimes. The major countries of the three major legal systems unanimously determined that the dominant leader in the investigation of job-related crimes is the procuratorial organ. The corruption and bribery and malfeasance and infringement rights are listed as the basic case of duty crime investigation and the principle of taking joint action with the case-taking crime in the original case is extended to In the case of job-related crimes involving officials of foreign countries and officials of international organizations, conflict of investigation crimes of job-related crimes generally takes the form of non-litigation and does not provide a remedy, and the result of the handling generally directly affects the ownership of judicial jurisdiction.