The Reserch On Technique Detection Measures Of Duty Crime

The generation of the legal system always accompanied by social progress and the development of people’s legal awareness. With the development of society and the advancement of technology, the high incidence of crimes committed, criminal means more intelligent, complex and concealed. Faced to the grim situation, it’s difficult for us to find out a breakthrough in the complex duty Crimes detection by using the existed detection measures. In recent years, the detection that integrate the science and technological play an important role in the detection of major cases,promoting the legislation of technique detection measures. In fact, before the new Criminal Procedure Law passed, the technique detection measures has been used in our judicial practice for many years. The new Criminal Procedure Law to make provisions for technical investigative measures for the first time, with the aim of brought the technique detection measures into legal track to prevent of the detection department abuse and harm the fundamental rights of citizens, reflects Legislation guiding ideology of the new Criminal Procedure law----" protection human rights and fight against crime". The new Criminal Procedure law given Procutorae the decision to use technical measures in detect duty crime, is a great progress of legislation that can be described as fallen leaves return to the roots of the right of technique detection measures of duty crime. But the criminal legislation take only five provisions for the " technique detection measures " which are so complex and important system, appears too thin,the too principled provisions of the law about the technique detection measures resulting in a lot of placeto be clear in the process application the law, the operability is not strong as there is no unified regulatory legal documents for the executive organs applicable the technique detection measures.The technique detection measure is a two-edged " sword ", obtain strong evidence to achieve the detection of crime through the invasion of privacy of citizens, has a certain invasive. For technique detection measures have been regulated by strict legislation in most countries, because let the implementation of measures will be like a runaway horse, easily lead to the investigating authority’s abuse, violat the fundamental rights of citizen. We can use foreign legal system for reference, but not blindly copy, we must explore an either realistic or advancing development road of the technique detection measures according to the national conditions of China.The mainly problems in application of the technique detection measures are: the applicable scope of the technical detection measures are not clear; The provisions of the approval authorities and enforcement agencies are not specific; Approval procedures prescribed too principle; have no regulation for use technique detection measure at case of emergency,and have no relief way for illegal use the technical detection measures. Hope that continuous research and discussion can make the operation procedure clarification and normalization, play a full part in practice, break through the dilemma of duty crime detection, strengthen the judicial credibility, maintenance the honesty and uprightness of social political environment.