Under The Background Of New Criminal Procedure Law, The Procuratorial Organs Refers To The Discussion Of The The Investigative Measures Applicable And Completion

With the promulgation and implementation of the new Criminal Procedure Law, the procuratorial organ in the investigation and handling of large scales of corruption, bribery cases and the use of jobbery criminal which made the violation of civil rights seriously, in the major criminal cases, using of the technical investigative measures have become an inevitable trend. Procuratorial organs should use technical measures to detect and respond actively and adjusting the working thoughts timely for the further response to the community, any for the expectation of improve the quality of handling cases and increase the anti-corruption efforts. In order to start a discussion, this article attempts to under the background of new criminal procedure law, the procuratorial organs refers to the discussion of the the investigative measures applicable and completion simplyThe first chapter introduces the concept of technical investigation, research results and the relevant provisions of the law by the theory of the scholars, cited the difference between the technical investigation and the traditional investigation, summarize the types of Attorney technology investigation, and also introduces the historical background and significance of the procuratorial organs, represents the necessary of using the technical measures detection.The second chapter describes the impact of the procuratorial organs from the new Criminal Procedure Law. Including the provisions of technical investigation and the status analysis of the technical investigative measures on the Prosecution. Subsequently, the article describes the the foreign investigative measures to carry out investigative measures providing the theoretical and practical basis for the domestic procuratorial organs.The third chapter is related about the scope of applicable, using conditions, the main subject of application, the applicable procedures and analysis of the technical measures for procuratorial organs. In the scope of application to make a few determine of the "major cases" standard, the measures necessary and reasonable. In the main subject of applicability, except from the public security organs, the procuratorial organs also should become the executive main body of the technical investigation measures; study the effectiveness of of technical investigative measures to collect evidence, it is necessary to establish the appropriated technical investigative evidence to accept and believe system and technical investigation relief measures, which should be made through the use of the right to dissent, the request queuing rights and the right to state compensation to be relief, safeguarding the legitimate rights and interests of the parties concerned.The fourth chapter analyzes the problems that faced by the procuratorial organs at this stage the investigation: the technical force is relatively dispersed, the lower level of technology orientation, the unknown confuse technical functions, lack of technical equipment and Criminal Investigation personnel and etc, such issues has seriously hampered the work of the technical investigation of procuratorial organs, and for that reason, it is put forward the seven development of detection of the procuratorial organs, in order to promote the successful development of the technical investigation.