Research On The Implementation Of The Technical Investigation Measures Of Duty Crimes In China—From January 1, 2013 To The Present

Duty crime as a social and historical phenomenon has a long history, is accompanied by the state, class, position,and have appeared, not to be permitted by ruling class who lived in ages past。China as a socialist country, in which people became their own masters,duty crime still exists, the people hate it, request to punish and eliminate it, in order to maintain their own interests and the national stability and security 。 However, with the continuous development of society and science and technology changes with each passing day, the duty crime is on the rise, criminal means is also increasingly diverse, to conceal and high science and technology, which makes the original traditional detection methods have been unable to obtain evidence effectively, unable to cope with the current the complexity of the new situation of duty crime, the current widely used solution is to use foreign technology to combat duty crime investigation measures。To sum up the experiences of the judicial practice in our country, draw lessons from foreign mature, on the basis of legislation and the United Nations convention on the related documents, March 14, 2012, fifth session of the 11 th National People’s Congress passed on modifying the criminal procedure law of the People’s Republic of China’s decision, in the decision to modify, technical investigation measures make provision for the first time in vest procuratorial organs investigation technology indictment of the crime。The move of the punishment and prevention of duty crime of corruption is of great significance。Now, the new "criminal procedural law" formally implemented more than two years, prosecutors in the criminal investigation on the truly effective use of technical investigation measures is still very few。The reasons for this situation are various, has the defects of law itself lead to real practical difficulties, also investigation case-handling organ has its objective existence of congenital deficiency。So, faced with the dilemma, only actively adapt to the new situation, the need of punishment of duty crime, standardize and improve the technical investigation measures related legislation and remove the actual case of confusion, actually increase the technological content of duty crime investigation case, to win the fight against corruption the protracted war.