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《中华人民共和国刑事诉讼法修正案》将于2013年1月1日正式实施。此次对素有“小宪法”之称的刑事诉讼法的修改,不仅把“尊重和保障人权”写进了立法目的,还完善了非法证据排除制度、明确了“技术侦查”措施和“秘密侦查”措施,对于行使追究国家职务犯罪侦查权的反贪部门来说无疑提出了更高的要求,在新形势下履行好反贪污贿赂职能面临着哪些挑战,又应该采取哪些措施积极应对,是基层检察院反贪部门应当关注和研究的问题。本文正是基于此,探讨新刑诉法修正案对基层院反贪工作的影响以及应对方式。
The Amendment to the Criminal Procedure Law of the People’s Republic of China will be officially implemented on January 1, 2013. This amendment to the Code of Criminal Procedure, which is known as the “small constitution”, not only sets the legislative objective of “respecting and safeguarding human rights” but also perfects the system of excluding illegal evidence and clarifies that “technical investigation ”Measures and “ secret investigation ”measures will undoubtedly put forward higher requirements for the anti-corruption departments that exercise the right of investigating crimes of state duty in the new situation, what are the challenges of fulfilling the anti-corruption and bribery functions in the new situation, and What measures should be taken to deal with them positively is an issue that should be paid attention to and studied by the anti-corruption departments of grass-roots procuratorates. Based on this, this article explores the impact of the amendment of the new Criminal Procedure Law on the anti-corruption work in grassroots units and the ways to deal with it.