On The Technical Investigation Means Used In Bribery Cases

With the continuous development of intelligence,hidden in bribery cases,the traditional mode of investigation is facing severe challenges.Nowadays,a series of difficulties are increasingly prominent,such as Lack of physical evidence,heavy reliance on oral evidence,excessive external distractions and resistance of gathering evidence.Judging from the practical experience on handling cases of the investigating organs in various countries around the world,technical investigation means plays an irreplaceable role in the investigation of bribery.However,due to the lag of relevant legislation and judicature at this stage in China,technical investigation means seems to be shelved,and its legality is often suspected as well.Therefore,how to regulate the technical investigation means through legislation,establish an effective supervision mechanism and balance the conflict between fighting criminals and protecting human rights,is an important issue both on legislation level and in judicial practice in current days.This thesis is mainly divided into four parts.The first part puts forward the conception of technical investigation means with the statements in relevant legal rules and academic research,in order to compare with several similar concepts,such as the special investigation,secret investigation.On this basis,put forward the technical investigation means as a unified title with personal opinion.Then,the author analyzes the characteristics of technical investigation means,which are secret,technical,initiative and easy to infringement,enumerates and analyzes the main forms of technical investigation means in practice.The second part confirms the practical significance of using technical investigation measures in bribery cases by analyzing the grim situation of bribery investigation and the inevitable trend of transformation of traditional investigation mode.In addition,the author analyzes the legislation and judicial situation of the technical investigation means in the field of bribery,and puts forward the urgency of the legalization of technical investigation means and the construction of relevant supporting mechanism.The third part mainly studies the legal regulation and practical application of technical investigation measures in bribery cases outside our country.First of all,analyze the legislative models of some typical countries and region,then focus on the application and judicial practice in these countries and region,with a view to the improvement of relevant legislation,the establishment of supervision mechanism and the way to tort remedies.The fourth part puts forward the concrete conception on improve the legal construction and application of the technical investigation means in our country.Based on the conditions and judicial practice,it is reasonable to draw on the lessons of the foreign legislation and practical experience,then put forward some reasonable suggestions on how to improve the legal procedures,promote the build of the supervision mechanism and establish the way to tort remedies.The innovation points of this thesis are:1.Based on the national supervision system reform,this thesis tries to put forward some creative opinions about regulating the technical investigation means in the anti-corruption legislation in the new period.2.The author has been engaged in the bribery cases investigation for many years with rich practical experience,so the argument has certain operability.3.In order to make technical investigation means better applied in the supervision system reform,this thesis tries to collect various views of experts and scholars,and then Carries out system elaboration and analysis.It has a direct significance to perfect the anti-corruption system in our country.