On The Improvement Of The Law Applicable To The Technical Investigation Measures Of The Procuratorial Organs

2013 implementation of the "Criminal Procedure Law" to "technical investigation measures" for the section name of the technical investigation conducted empowerment and regulation, and the prosecution have the right to decide to take a clear technical investigation, from the legislative level for the technical investigation measures in job-related crimes create conditions for the Investigation of. At present, China prosecution technical investigation measures on legal norms, has been formed from the Constitution, laws to rules, regulations, judicial interpretation, document the effectiveness of such a program and feasibility are stronger more comprehensive system of norms. Investigative measures applicable technology is the inevitable choice to maintain public order, is inherent value judgments investigative measures are punishing crimes and protecting the human rights of unity.However, the practice of prosecutors in the investigation process, the use of technical investigation measures it is extremely rare, failed to play a proper role in the technical investigation measures in anti-corruption work. This paper intends to combine the judicial practice, the legal issues technical investigation measures applicable in the Crimes Investigation present during the analysis, the investigation found that technical measures can not clarify the presence of species, the scope can not be determined, the applicable procedures set unreasonable, the lack of effective implementation of system security, there are several major problems supervision and relief channels, and made recommendations to improve relevant laws to address the problem.Paper is divided into four parts. The first part explains the concept and characteristics of technical investigative measures. The second part discusses the basic provisions applicable to the prosecution technical investigation measures, including forms to apply the provisions of the basic content of the legitimacy of the analysis and application of the provisions of applicable three aspects. The third section from prosecution technical investigation measures applicable status quo of view, the legal issue prosecution technical investigation measures applicable for analysis. The fourth part there is a problem, from the five proposed legislative proposal to improve the prosecution technical investigation measures applicable.