On The Necessity Of Using Technical Detection To The Crime By Taking Advantage Of Duty

The Procuratorial agency, as the national legal supervision institution, the important manifestation of exercising its supervisory authority is carrying on the detection to the crime. Compares with the ordinary criminal offense, the crime by taking advantage of duty not only has the common characteristic of crime , but also has its own sole characteristic, such as the particular feature of main body and object body. Therefore, detecting crime by taking advantage of duty also manifest its own characteristic.The characteristic of crime by taking advantage of duty reflects the shortcomings of present detection measures: unable to discover the crime by taking advantage of duty effectively, unable to collect and fix evidence effectively, unable to expose counter-detection behaviors of collaborate effectively. If the law entrusts the Procuratorial agency with the technology detection power to crime by taking advantage of duty, it may make up the shortcomings of existing detection measure effectively.The technical detection has the characteristics of secret, technical, right infringement, specific and orthodromic, as the effective measure copes with criminal which is becoming complex day by day, has been acknowledged by the law and obtained the widespread application in many countries, such as the US, Britain, Italy and Japan.It is a pity that the Procuratorial agency as the legal institution to detect crime by taking advantage of duty unable to have the technical detection power. This article elaborates the reason of entrusting with the Procuratorial agency technology detection power from the judicial practice and the detection power theory's angle, and suggests that the law entrusting with the Procuratorial agency technology detection power, meanwhile, the regulating in the law, in order to enhance the ability of attack crime by taking advantage of duty of Procuratorial agency rapidly.