法治反腐视域下完善职务犯罪技术调查权制度研究

Research on Improving the System of Technical Investigation Power of Job-Related Crimes from the Perspective of Rule of Law and Anti-Corruption

《监察法》中关于技术调查措施的规定,不仅是监察机关职务犯罪技术调查权的法律依据,也反映出技术调查措施在反腐败实践中不可或缺的作用,但技术调查权现有的制度框架还无法满足实践需求。在法治反腐视域下,为确保监察机关依法高效行使技术调查权,通过制度构造的理论分析,职务犯罪技术调查权的制度完善应从三个方面重点展开:明确以权力边界为基础的适用范围,建立以高效反腐为目标的权力配置和运行模式,构建以监察司法化为核心的监督制约机制。

The provisions of the Supervision Law on technical investigation mesures are not only the legal basis for the technical investigation power of the supervisory organs for job-related crimes,but also reflect the indispensable role of technical investigation measures in anti-corruption practice.However,the existing institutional framework of technical investigation power has not been able to meet the practical needs.In the context of the rule of law and anti-corruption,in order to ensure that the supervisory organs exercise technical investigation power efficiently and in accordance with the law,through the theoretical analysis of institutional construction,the institutional improvement of technical investigation power for job-related crimes should focus on the three aspects:clarifying the scope of application based on the boundary of power,establishing a power allocation and operation mode with the goal of highly efficient anti-corruption,and constructing a supervision and constraint mechanism with judicialization of supervision as the core.