职务犯罪侦查中技术侦查程序立法研究——以新《刑事诉讼法》为分析场域

A Study on the Legislation of Technical Investigation Procedure in the Job-related Crimes:With Reference to the Newly Published Criminal Procedure Law of the People's Republic of China

新《刑事诉讼法》增加了技术侦查的章节,并赋予了检察机关技术侦查的权力,这对加大惩治职务犯罪力度大有裨益。然而新《刑事诉讼法》对职务犯罪侦查中具体使用技术侦查措施的案件范围和条件、启用的时间和对象、申请主体、适用期间以及相关的配套措施等在立法上规定得较为原则和抽象,有必要对上述技术侦查程序进一步细化研究和司法解释,以使技术侦查能依法高效地服务于司法实践。

A new chapter about the technical investigation added in the newly published Criminal Procedure Law of the People＇s Republic of China, entitles the procuratorate to the power of technical investigation, which will be of great significance to increase the prevention and punishment of the job-related crimes. However, when it comes to the extension and condition, the starting time and object, the major applicant, the permitted duration, and the relevant support measures involved in the application of technical investigation measures in the process of the investigation of job-related crimes, the new law is comparatively general and abstract in terms of the legislation. It is therefore necessary to further specify the studies and judicial interpretation of the technical investigation procedure mentioned above, so as to effectively serve the judicial practice.