On The Procedure Regulation Of Technical Investigation Of Duty Crimes

With the development of modern science and technology and the increasing of the anti-corruption, the investigation of the duty crime cases is increasing, and the technical investigation has gradually become an effective way to punish corruption. Under the background of the new code of criminal procedure, the study on the technology of duty crime investigation tend to focus on technical investigation measures in the investigation of cases in the implementation of specific operation, the procedure regulation perspective, comprehensive use of comparative study, theoretical research and case study methods, explore crime domain technical investigation procedures for regulation of the collar. This article from the concept definition, basic characteristics, the application principle of the technical investigation, in-depth excavation of the special advantages and potential infringement of technical investigation compared to conventional investigation measures. In order to make a reasonable balance between the crime and the protection of human rights value conflict, and then to the program control theory, the theory of civil rights protection, the procedural sanction theory, the necessity and the reality of the technical investigation procedure. This article mainly through the comparative study of the internal and external, in-depth discussion of the application conditions, approval procedure, limitation, evidence validity, supervision and relief of the procedure of the investigation of duty crime.Taking the duty crime investigation as the breakthrough point, through the research of the technology investigation system, the article explores the procedure regulation mechanism of the technology investigation, and seeks the reasonable proportion of the balance between punishing crimes and protecting human rights. The legislation theory and successful practice experience of foreign countries will have a positive meaning to the research and development of technical investigation procedure regulation in the present investigation practice, which may lead to the reform of our country's duty crime investigation mode.