Jizhen Measures In Theory Of Duty Crime Investigation

"The duty crime" is from detects the case in the theory and in the practice to the procuratorial agency to have jurisdiction over the scope one kind of popular limits, But because of the special nature of the subject of duty crime, acts of concealment, as well as cases of duty crimes in recent years to become clear out of senior officials、huge、intelligent grouping and so on, China’s current Criminal Procedure Law provides for mandatory measures and eight of the five measures to detect evidence has been difficult to adapt to the country and the people’s expectations for the fight against crimes, Status with domestic and foreign-related legislation, I believe, must be authorized by legislation as soon as the prosecution in the investigation of crimes committed using technology detection measures, and the concrete application of technology detection measures own proposals.This article is divided into four sections。The first chapter "duty crime detection measures and technology overview" on the duty crimes and to set out the concept and characteristics of the technical investigation measures, with a focus on "technical investigation measures", "secret investigative measures", "special investigative measures" three concepts compared and differentiated, Further make clear three concepts and relationships to facilitate later explained. Meanwhile is "in the duty crime detection completes the upholstery to the duty crime characteristic description for the second chapter using the technical detection measure necessity and the feasibility analysis",The the second chapter emphatically will analyze in the duty crime detection to utilize the technical detection measure the necessity and the urgency, Third chapter "in our country duty crime detection will utilize the technical detection measure the present situation and the existence question", emphatically elaborated present Our country Procuratorial agency detects the measure in the duty crime detection using the technique the exploration and the present situation, The author thought although this kind of exploration is beneficial, the progress, the accumulation experience, but still had many problems to need the standard urgently, most essential was detects the measure using the technique to be extremely easy to the citizen right of privacy to create the violation. Fourth chapter "Technical detection measure to the duty crime detection in using the technique the ponder and consummates suggests", The author believes that laws in the face of value conflict between the protection of human rights and the fight against crime, legislation explicitly and specification detail-is the fundamental way to solve the problem. Different types, methods of technical detection measures the degree of violation of privacy is different, we should be in accordance with the practices of technical surveillance measures to determine the terms and conditions of use of authority for review and approval, and thus the strong safeguards in the fight against crime, and to be able to reduce as much as possible to the citizen’s right to privacy practices.