职务犯罪技术侦查法治程序构建

当前中国腐败现象较为严重,职务犯罪处于高发态势,犯罪手段不断升级,证据获取困难重重,这与检察机关缺乏有效的技术侦查措施有内在联系。可借鉴其他国家的合理做法,完善检察机关职务犯罪技术侦查权,并严格规定其适用范围、审批程序、执行程序和救济程序。相关程序的合理建构,有利于有效收集诉讼证据,落实刑事程序法治,顺应科技强检趋势,对接国际公约。

On the Building of Legal Procedures in the Investigation of Crimes by Taking advantage of Duties

Current China faces serious corruption and frequently occurrence of crimes by taking advantage of duties and crime means are increasingly in escalation. It is quite difficult to collect evidence, which is related to the inefficient technical investigation measures in procuratorial organs. The practice in other countries can be taken for reference to improve the technical investigation power of procuratorial organs. However, its scope of application, approval, execution and relief procedures should be strictly prescribed to benefit the collection of evidence, carry out the rule of law in criminal procedures and follow the trend of strengthening procuratorial work with science and docking international conventions.