Research On The Legislative Perfection Of The Technical Investigation Of The Duty Crime

The transformation of economic system, Social change has already brought great changes to our daily life, so are the duty crimes. It is not hard to find from the report on the work of the Procuratorial organ every year that the national Prosecuting Department registered and investigated the number of crimes has increased, major cases of more than 1 million Yuan is also increasing year by year, procuratorial organs if you still rely on traditional investigative methods and means to solve a case, in that way it is not only hard to keep up with the pace of corruption crime, but also seriously affect the procuratorial organs's image to combat crime, safeguard the fairness and justice, In order to respond to the immediate needs of the procuratorial organs, stepping up their efforts to fight crime, in relevant technical investigation in 2012 revised criminal procedure law clearly gives the prosecutors in investigating major corruption, bribery and other crimes, according to the investigation of the measures of technical investigation. The amendment of criminal procedure law the procuratorial organs have the law to abide by and will be included in the program the orbit of the rule of law is tremendous progress in legislation. But at the same time, a careful study of the criminal procedure law of technical investigation measures five clauses we can find that criminal procedure law only for technical investigation constructed the basic framework, must comply with the basic principles, It is lacking maneuverability in investigation practice. Therefore, in order to make the technical investigation measures can play a role in the practice of investigation, we need to further explore the legislative improvement of technical investigation measures.This paper, combined with China's procuratorial organs investigation practice, Comparing with those overseas countries which advanced in constitutionality's legislation of technical investigation measures and practice, analysis of China's current legislation of technical investigation of problems, put forward methods and advice of improving technology of duty crime investigation measures. The full text is divided into three parts, The first part defines the concept of the technical investigation of duty crime, the author believes that the technical investigation and the secret investigation are subordinate relations, and the secret is the essential characteristic of the technical investigation and other investigation methods. On the basis of defining the concept of technical investigation of duty crime, the author also expounds the characteristics of the technical investigation of duty crime. The second part combined with the legal provisions of "criminal procedural law" the second chapter of the second part eighth section about the measures of technical investigation to analyze China's current crime measures of technical investigation in the deficiency of legislation exists, that the law does not endow the procuratorial organs complete technical investigation right is the key restriction factors of the technical investigation measures in the duty crime investigation difficult to play an effective role. The third part the author advocates in the legislative experience from the base areas of Germany, United States, France and other developed countries, lack of control of China's crimes legislation of technical investigation, put forward measures and suggestions.