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案管部门虽然是检察机关新成立的内设机构,但是由于其是从办案部门分化整合出来,因而难免受到固有执法办案理念的束缚与禁锢,致使案管工作与新刑诉法追求的价值理念存在一定程度的张力。缓解这种张力,关键在于案管部门要推进理念更新,尽快摆脱旧理念的束缚,按照新刑诉法的精神重构符合现代刑事诉讼特征和规律的“人权、程序与效率”的新理念,否则案管部门将难以完成推进执法规范化,提高检察机关执法公信力的历史使命。
Although the department in charge of procuratorial affairs is a newly established internal agency of procuratorial organs, it is inevitably constrained and imprisoned by the concept of inherent law enforcement and handling as it is differentiated and integrated from the case handling department, resulting in the value concept pursued by the criminal case management and the new criminal law There is a certain degree of tension. The key to alleviating this tension is that the regulatory authorities should promote the updating of concepts and get rid of the shackles of the old ideas as soon as possible so as to reconstruct the new “human rights, procedures and efficiency” in line with the characteristics and laws of modern criminal lawsuits in accordance with the spirit of the new Criminal Procedure Law Concept, or the case management department will be difficult to complete the standardization of law enforcement and enhance the procuratorial organs law enforcement credibility of the historic mission.