论我国腐败犯罪特殊侦查措施之完善

On Improvement of the Special Investigation Measures in Dealing with Crime of Corruption

腐败犯罪侦查中运用特殊侦查措施是破解腐败犯罪侦查困境、落实《联合国反腐败公约》有关要求、彰显严厉惩治腐败犯罪刑事政策,以及维持人权保障与犯罪控制平衡的需要。2012年我国新修订的《刑事诉讼法》增补规定了"技术侦查措施"的有关内容,进步意义显著,但也还存在不足。推进我国腐败犯罪特殊侦查措施的发展完善:一是要认真贯彻实施新《刑事诉讼法》关于技术侦查措施的有关规定;二是要进一步完善腐败犯罪特殊侦查措施立法;三是要健全相关的配套制度。

It is imperative to solve a dilemma of corruption investigation , implement relevant requirements of the ＂United Nations Anti - corruption Convention＂, highlight the criminal policy of punishing corruption, as well as maintain a balance between human rights protection and crime control by using Special investigation measures in fighting Corruption. The 2012 revised Criminal Procedure Law Supplement relevant content of technical investigation measures, which has an important Progressive significance, but also has shortcomings. To Promote the development and perfection of Special Investigation Measures in fighting Corruption, We should strictly enforce the relevant provisions of technical investigation measures of the Criminal Procedure Law, further perfect the legislation of the special Investigation Measures in Fighting Corruption, as well as improve the relevant supporting system.