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最高人民检察院出台相关规定,确立了职务犯罪案件由上一级检察院决定逮捕的模式。从博弈论的角度看,职务犯罪案件决定逮捕权上提一级的模式实质上是确立了上级检察院侦监部门、下级检察院侦监部门和下级检察院自侦部门的侦查监督三角博弈关系。自职务犯罪案件决定逮捕权上提一级实施以来,司法实践中出现了一些问题,三角博弈关系在现实中处于失衡状态,究其原因在于博弈的前提规则的不完善。有必要重塑博弈规则,完善职务犯罪案件侦查监督的相关措施。
The Supreme People’s Procuratorate promulgated the relevant provisions and established the mode in which job-related criminal cases are decided by the procuratorate at the next higher level for arrest. From a game theory point of view, the case-based crime case decided that the mode of arresting the right to raise the level of substantively established the higher procuratorial supervision department, the lower Procuratorate reconnaissance department and the lower Procuratorate self-investigation departments of the triangle of the game of investigation and supervision. Since the case of personal duty decided to arrest the right to raise a level since the implementation of some problems in the judicial practice, the relationship between the triangular game imbalance in reality, the reason lies in the prerequisite rules of the game is not perfect. It is necessary to reshape the rules of the game and improve the relevant measures for the investigation and supervision of job-related crimes.