在查办职务犯罪案件的司法实践中,往往出现庭审中检察机关在初查阶段取得的证据与在审查起诉阶段、法庭审理阶段获取的证据相比,法庭更为采信后两个阶段获取的证据情况。这就涉及检察机关在初查阶段获得证据的法律效力问题。目前,在法律界存在争议,笔者对此进行简要剥析。 In the judicial practice of investigating and handling job-related crimes, the evidence obtained by the procuratorial organs in the preliminary examination during the trial tends to be more likely to be obtained than the evidence obtained during the examination and prosecution phases and the trial of the court. . This involves the question of the legal effect of procuratorate obtaining evidence in the preliminary investigation stage. At present, there is controversy in the legal community, the author briefly abstain from this.