Study On The Applicable Measures For The Technical Investigation Of Bribery Cases

Under the current high pressure of anti-corruption campaign and in response to the urgent request of the people for punishing duty crimes, Organs of Duty-crime.Investigation at all levels increase the tempo of fighting against duty crimes which are represented by bribery crimes. Because of characteristics of high confidentiality and high IQ of this kind of crimes, traditional investigation modes used by Organs of Investigation can’t be adapted to the requirements of modern criminal procedure aiming at both strengthening the protection of human rights and fighting against the crimes, so they urgently need to use the latest scientific and technological achievements of criminal science to establish technical investigation system in conformity with characteristics of duty-crime investigation of the procuratorial organ and the direction of judicial reform.Although the current criminal procedure law has been clear about the technical investigation power of procuratorial organ when they investigate duty crimes, they still have the improper use or abuse in the application of the technical investigation measures due to lack of a complete set of legal norms and practical execution system. It is a trend of the development of many countries to give Organs of Duty-crime Investigation technical investigation power, especially executive power. At present most research of the technical investigation focuses on technical research and practical application, but the discussion on the research of present situation of technical investigation used in duty-crime investigation, construction of standardizing system and protection of human rights is still few. This article starts from present situation and problems of application of technical investigation of procuratorial organs in our country, especially grass-roots procuratorial organs in duty-crime investigation, thinking how to establish legal norms of the technical investigation in conformity with characteristics and present situation of system of the procuratorial organ and human rights protection system to promote the anti-corruption work and create a good legal environment and make due contributions to build a socialist country under the rule of law.This paper is divided into four parts.Part I summarizes the applicable measures for the technical investigation of bribery cases. It mainly describes the meanings of "bribery" and "technical investigation", which are two key words involved in this paper, including an analysis of the characteristics of both. It argues that the applicable measure of technical investigation can be used in bribery cases so as to overcome the challenges of bribery investigation, which is able to reduce the dependence on the "confession", containing using torture to coerce a statement, is of great significance.Party II provides an analysis of the legal applicable measures of technical investigation of bribery cases. Based on the existing legal provisions, it describes the applicable conditions and procedures of the technical investigation measures of bribery cases, as well as the management and effectiveness of the evidence acquisition of technical investigation, and it argues that "important and complicated case" is the prerequisite of application. However, it is difficult to define in practice; the suspects are the applicable objects, but they expand to some extent in practice, and the "need of investigation of a crime" is the purpose, there should be a restrictive interpretation. In procedure, the procedure shall be strictly approved, and the monitoring procedure shall be determined and the implementation authority shall be clearly defined.Part III analyzes the special applicable situations of technical investigation measures of bribery cases. It conducts a study of the situation and the existing problems of the applicable technical investigation measures of the current office of the public prosecutor, as well as the specific application of technical investigation measures.Part IV provides suggestions for improving the technical investigative power of the office of the public prosecutor. It proposes clear rules and regulations for the applicable conditions of technical investigation measures:the necessity of measures and reasonable doubt; a sound applicable procedure, the monitoring mechanism and improper and illegal use of the relief mechanism of the technical investigation measures should be established.