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我国侦查程序的启动模式沿袭了前苏联的启动模式,与西方国家有着很大的差异,主要体现在把立案程序作为与侦查并列的一个单独阶段。这种模式在我国过去的普通刑事犯罪侦查实践中,发挥了分流案件、保障人权、制约侦查权的扩张等诸多功能。但是近十年的经侦实践表明,这种侦查程序的启动模式,在应对经济犯罪时表现出诸多不相适应之处,抑制了侦查的效率、增加了犯罪黑数、削弱了对经济犯罪被害人诉权的保障。为了应对严峻的经济犯罪形势,应当遵循认识论的规律,增加立案审查阶段的调查手段,降低立案追诉实体要件的证明标准,并深入研究和梳理出涉及经济犯罪侦查的行政认定和鉴定,制定统一的操作规程。
The starting mode of the investigation procedure in our country follows the starting mode of the former Soviet Union and has great differences from the western countries. It is mainly reflected in the fact that the procedure of filing the case is taken as a separate stage tied to the investigation. This model has played a diversified role in diverting cases, safeguarding human rights and restricting the expansion of investigative power in the past practice of criminal investigation in our country. However, the practice of the investigation in the past decade shows that the starting mode of such investigation procedure shows many incompatibilities when dealing with economic crimes, restrains the efficiency of investigation, increases the crime black numbers, and weakens the punishment of economic crimes victims The right to protection. In order to cope with the severe economic crime situation, we should follow the law of epistemology, increase the means of investigation in the stage of filing and prosecution, and reduce the standard of proof for the elements of filing and prosecuting prosecutions. Furthermore, we should study and sort out the administrative identification and appraisal involving the investigation of economic crimes and establish a unified Operating procedures.