Research On Special Investigative Measures Of Official Crimes In China

Investigation measures of official crimes in china can difference for traditional investigation measures and special investigation measures, special investigation measures of official crimes is difference in traditional investigation measures,as trial,freeze, seized, seized, and search, which main relies on secret sexual and technical means gets evidence of investigation measures, currently these measures’s application need the clear authorization and regulation Of legal, it is height hidden, initiative, specific sexual and rely on technology sexual of features, these measures can be divided into on people type and on property type, Deception and non-deceptive, manpower and technology distinguish between these categories.Our present legislation on crimes rarely involve special investigative measures, there have been legislative vacancy, prior to the enactment of new criminal procedure law, China’s criminal procedure law on the special investigative measures have not been clearly defined. Provisions concerning special investigative measures only in a limited number of laws and regulations were involved, in the new Criminal Procedure Act also provides for a technical investigation of special investigative measures. while in my positions duty crime investigation practice, special investigation measures’s application is widely existence, origin to long, and effect significantly, but due to lack of legal clear provides, the evidence which gain through special investigation measures many cannot be used as directly evidence, its legitimacy also suffered questioned, the special investigation measures’s abuse also occur due to no legal’s regulation,even many of problem existing, A wider application of special investigative measures In investigation on official crimes had been the most effective way to crack the bottleneck of investigation on official crimes in China.Through on extraterritorial special investigation measures of research, special investigation measures of application must followed three principles:proportion principles, program statutory principles, and combat crime and guarantees human rights phase combines principles, due to these three principles, special investigation measures only can be used in special major of cases, which also must be after in exhaust all general means, to minimum of damage after statutory program approved, also to always adhere to human rights guarantees bottom line, to find balance points in combat crime and guarantees human rights.United States, Germany,the United Kingdom, Italy, Hong Kong and other countries or regions has entered a legal phase on special investigative measures’s aplication, it is worth to our reference and learning.Due to the new criminal procedure law enacted, the investigative mode of official crimes in China changed significantly, the original mode has being completely abandoned, protection of human rights and the legitimacy of evidence come to be most important, the special investigative measures must be widely applicated, which must be taked to the road of legalization also. But the legalization of China’s special investigative measures on official crimes also face some real obstacles as investigation, litigation systems, rules of evidence and conception understanding,We need to handle thses obstacles by improving the legislation mode, authorization, implementation of the main selection, approval procedures, standards of evidence, perfect in implementing procedures and remedies.In general, improving the special investigation measures of the official crimes in China is a systemic and complex engineering,for choosing the legal road, we not only need to do something in legislation, we also need to do someting in investigation practice, we even need to set correctly of concept in implementation process,to clear the obstacles, only in this way, wo can build a perfect system of the special investigation measures,to crack the reality problem in our official crimes’s investigation.