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初查工作机制是检察机关职务犯罪侦查活动中的一项重要内容,虽然没有为《刑事诉讼法》所明文规定,却具有现实必要性。检察机关在一系列的司法解释以及内部行为规范中不断对其加以强化,然而,实践中初查工作仍面临较多困难。事实上,初查工作机制所面临的困难,与刑事立案程序的特殊性不无关联,只有对刑事立案程序作出必要的调整,将初查逐步改造为侦查权行使的某个环节,才能解决现有的困难。同时,初查权的行使,也应被纳入相应的监督中,以符合法治框架的基本要求。
The preliminary check mechanism is an important part of procuratorial work in criminal activity investigation. Although it is not expressly provided for in the Criminal Procedure Law, it has realistic necessity. The procuratorial organs continuously strengthen them in a series of judicial interpretations and internal codes of conduct. However, the preliminary investigations in practice still face more difficulties. In fact, the difficulties encountered in the initial check-up of the work mechanism are not unrelated to the particularity of the criminal case-filing procedure. Only by making the necessary adjustments to the criminal case-filing procedure and gradually transforming the preliminary check-up into a certain part of the exercise of the investigative powers can the present Some difficulties. At the same time, the exercise of the right of initial examination should also be incorporated into the corresponding supervision so as to meet the basic requirements of the rule of law framework.