Research On The Tchnical Investigation Of Duty Crime

To further promote the anti-corruption struggle in the process of technical investigation since 2013 by the new "criminal procedural law" formally defined as means of investigation since,with its unique secret,flexibility,technology,efficiency,objectivity,admissibility,characteristics of initiative,controllability by the duty crime investigation departments attach great importance to and try to use.However,due to the design limitation of legislation,practice in the investigation,the duty crime investigation department relies on the coordination with the public security organs,gradually highlight technical investigation difficult to start investigation of low efficiency,technical investigation materials become the evidence exists question,the lack of independent external judicial review and other disadvantages.In order to comply with the requirements of the national anti-corruption system,actively promote the reform of the Commission,but the relevant documents is not yet clear whether the technical investigation into the scope of authority of State Commission,which resulted in the National Commission for technical investigation have the right configuration this problem exists between the different views of the law.This paper is based on the technical investigation of duty crime on the basis of relevant theories,to explore the legislative intent and judicial practice of the difference on the duty crime investigation department for technical investigation problems,in-depth analysis of the fundamental reason for existence,and puts forward specific solutions to,according to whether the National Commission shall have the right to put forward the technical investigation of individual shallow view.This paper is divided into five parts.The first part mainly introduces the basic knowledge of technical investigation,lay the foundation for subsequent research on issues related to technical investigation;the second part introduces the necessity of the duty crime investigation department for technical investigation;the third part is the focus of this paper reveals the problems of the duty crime investigation department for technical investigation and the reasons,content involves legislation and judicial practice;the fourth part is the solution for the problem of duty crime investigation technology,is proposed to solve the problem of the causes based on the above;fifth part is the innovation of this paper,to investigate whether the National Commission pilot with technical investigation right,mainly through the establishment of the National Commission of the significance and academic two completely the opposite view,leads to their views.The last part is a summary of the full text.