A Study Of Technical Detection In Investigations Of Duty Crime

The Criminal Procedures Law newly promulgated in March this year adds the stipulation of technical detection measures, which implies that the application of the technical detection measures would be continuously expended in judicial practice in future. During the investigation of duty crimes, the technical detection measures have obvious advantages while problems are also outstanding. Like a double-edged sword, the technical detection measures can act as an anti-corruption tool but also may make it legalisation or normalisation to infringe citizen’s interest. This Article discusses the technical detection measures in duty crimes in consideration of balancing between fighting against crime and protecting legal interest of citizen.Chapter1discusses the influence of the technical detection measures on protection of citizen’s legal interest and analyses the relationship between them.Chapter2discusses the nature and feature of preliminary investigation of duty crime cases, analyses the feasibility and legalisation of application of the technical detection measures in the stage of preliminary investigation.Chapter3lists serval main types of the technical detection measures, and briefly classifies the detection measure through comparing the differences of traditional detection measures and technical detection measures in respect of infringement of legal interest of the party concerned.Chapter4briefly introduces the basic principles which shall be complied in establishment of technical detection measures.Chapter5raises the key issue in establishment of technical detection measures and the improvement area of legislation in the PRC, does a basic study on the realisation of legalisation of technical detection, and balance between fighting against crime and protecting human rights.