Study On The Technical Detection Measure Using In Corruption And Bribery Investigation

Within the stage of social transformation, corruption in China has been a threat topolitical stability, economic development and social order. Corruption and bribery canbe characterized as high crime rates, numerous crime makers and varied crime forms.However, corruption and bribery investigation is now facing many difficulties so thatthere is not an effective way to deal with the severe crime situation. In order to breakthe bottleneck, the application of technical detection measures is the choice toenhance the investigative capacity. Code of Criminal Procedure has been newlyrevised. It regulates the technical detection measures as legal, which provides thelegal basis for the measures to be used in the anti-corruption investigation. Based onthe principle of punishing crimes and protecting human rights, in the perspective ofdevelopment, we learn from not only the foreign legislative and judicial experiencebut also the practice of the anti-corruption investigation in China, to find the way touse the technical detection measures for procedural legitimacy and practicaleffectiveness.This article is divided into four chapters, consisting of the following components:Chapter I outlines the difficulties that the anti-corruption investigation is nowfacing with in China. They mainly include low detection rates, inefficient preliminaryinvestigation and other external factors, such as the new Law on Lawyers and the Rules of Illegal Evidence Exclusion.Chapter II analyzes the advantages of using the technical detection measures inthe anti-corruption investigation. First, it changes the detection mode and forms thenew active one. Second, it enhances the investigative capacity so as to improve theinvestigative effect.Chapter III describes the comments on the new regulation of Criminal ProcedureCode that provide the legal basis for the technical detection measures using in theanti-corruption investigation. First, it changes the status quo and regards the measuresas legal. Second, it gives the rights on using the measures for the procurator. Third, itregulates the material from the measures can be used as the evidence.Chapter IV is the key part that gives some suggestions on improving theapplication of technical detection measures for procedural legitimacy and practicaleffectiveness. Based on not only the foreign legislative and judicial experience butalso the practice of the anti-corruption investigation in China, on one side, we canmake some laws to regulate the applicable conditions and the evidence management,etc. On the other side, we can take some measures such as to create the informationsystem, to enhance the cooperation in practice and to improve other support ways.