职务犯罪案件“立案难”问题探讨

职务犯罪立案难是指在存在较为明显的职务犯罪嫌疑信息的情况下,检察机关也难以进行立案侦查或不能及时立案侦查。职务犯罪立案难有制度上的原因,主要是：检察机关缺乏独立性;刑诉法规定的立案条件不合理;检察机关与纪检监察机构配合不够。解决职务犯罪立案难问题,需要加强检察机关的独立性,在法律中规定合理的立案条件,加强检察机关与纪检监察机构的沟通与协作。

On Difficulties of Placing a Case of Duty Abuse on File for Investigation

It＇s difficult for the procuratorial organ to place a case of duty abuse on file for investigation while existing clear information of crimes of duty abuse in China.The causes of the difficulty of placing a case of duty abuse on file for Investigation attribute to the blemishes of the legal system include following：Firstly,the procuratorial organ lacks independence;Secondly,the conditions of placing a case of duty abuse on file for investigation stipulated in law are not rational;thirdly,the procuratorial organ cannot cooperate with the discipline inspection commission and the supervisory organ perfectly.To solve the problems,we need to strengthen the independence of the procuratorial organ,to stipulate rational conditions of placing a case of duty abuse on file for investigation in law and to strengthen the cooperation between the procuratorial organ and the discipline inspection commission and the cooperation between the procuratorial organ and the supervisory organ.