Research On The Application Of Covert Investigation Measures In Duty Cases

With the development of China’s economic restructuring and science and technology, crimes presents new features and trends, criminal means of diversification and intelligence allows rely on traditional investigative measures have been difficult to meet the requirements of investigating this case. In order to adapt to this new change in crimes, the world have given their special investigative organs investigative techniques to combat such crimes. Technical investigation measures, as a special investigative techniques in the world to be recognized and widespread use of the public security organs and national security agencies have long been the practice in the investigation in accordance with the relevant provisions of the "People’s Police Law" and the "National Security Law", the use of investigating cases of technical investigation measures. However, due to the lack of technical investigation measures the level of the law, so that there are many problems in practice. In 2012, the revised "Code of Criminal Procedure," in our country, for the prosecution investigation measures applicable technology provides an opportunity, and to be determined from the legislation. However, the "Code of Criminal Procedure" provisions for technical investigation measures relatively simple and rough, for what is the technical investigation measures, which cases are "major criminal case", which cases are "criminal investigation needs", and which need to go through "rigorous approval procedures " and other issues are not specific provisions, which require us to further explore and define the theoretical and practical level.In this paper, by analyzing the technical investigation measures applicable to the status quo of China’s position in criminal cases, drawing on the experience of foreign legislative measures on the basis of the technical investigation to explore how to improve our position in technology crimes investigation legislation. The full text is divided into four parts. The first part of the concept of technical investigation measures, characteristics, types and status quo of China’s crimes were summarized describes and analyzes the necessity of investigating crimes duties applicable technical measures. The second part of our technical investigation measures applicable to crimes committed in the status quo is analyzed to explain the status of the legislative investigation of crimes technology, analyzes the Legislative Defects technical investigation of crimes. The third part of the foreign technical investigation measures in crimes committed in the application were investigated by comparing the foreign technical investigation measures laws and our similarities and differences, analyzes the provisions of its revelation to our country has. The fourth part of the judicial practice made perfect technical investigation measures of legislative proposals in the crimes committed.