Since the 18th National Congress of the Communist Party of China，The Party Central Committee's anti -corruption strength is unprecedented，Incorporate the control of duty crime in the core theme of the ruling。"Supervision Law" later introduced，Given a strong right to investigate the supervision organs，In order to solve the problem of difficulties in duty crime investigation。But the investigation measures that can be taken，Especially the types of mandatory investigation measures，It is still relatively scarce。

　　bet365 live casino games

According to the Provisions of the Supervision Law，The supervisory organs have the right to adopt conversations、Questions、Ask、Query、Frozen、Declaration、Seal、See、Search、Inspection and inspection、Appraisal、Remaining、Technical Survey and other measures。where，Compulsory measures to interfere with the right of personal freedom by the supervision organs，Except for the completely deprived of the freedom of freedom，Lack of compulsory measures to deprive personal freedom and partial deprivation of freedom (limit personal freedom)。Suspects suspected of ordinary crimes，The Criminal Procedure Law stipulates the biography、Surveillance Residence、Surveillance Residence、Detention and arrest of five kinds of compulsory measures to restrict personal freedom。Two time as a distinction standard，The compulsory measures that have been improved step -by -step by step by step are detention (up to 24 hours)、Criminal detention (maximum about 1 month)、Criminal arrest (3 months after extension)。Different from the degree of personal freedom，Strictly improved the bail pending trial (restricted to leave an Bet365 lotto review administrative area)、Surveillance and residence (restricted to leave the residence) and arrest (detained in the detention center)。Compulsory measures to restrict personal freedom stipulated in the "Supervision Law"，Only retaining measures。Although the supervisory organs are often detained for short -term detained suspects in practice in practice，Or take a similar measure of bail pending trial (restrictions on exit) in the "Supervision Law)，But after all, it is the lack of such intermediate state intervention to intervene in personal freedom rights for compulsory measures。

Compulsory measures to intervene in privacy rights by the supervisory organs of our country，The same scarce。For example，Investigation measures used to deal with systemic corruption issues in the United States，It has not been explicitly allowed to be used in my country。Although Article 28 of the Supervision Law stipulates，"Supervisory organs investigating suspected major corruption and bribery and other job crimes，as needed，Strict approval procedures，You can take technical survey measures，Perform the relevant authorities in accordance with regulations "。According to a broad explanation，"Technical Investigation Measures" should include temptation investigation measures，But the law does not clearly specify，There is no precedent in practice，This survey measures have not been used in the investigation of job crime。

Establishment of stain witness exemption systems in Chinese duty crime surveys，Technical survey measures are rarely used，Seducting investigation measures are even less precedent，Effective investigation measures that investigators can choose from extremely limited。In this context，Investigators are still inclined to choose the "positive breakthrough" strategy of the mechanical，Use the traditional "one pen、A piece of "one paper" type survey method，By bet365 live casino games high -intensity interrogation, the physical and mental of the fatigue suspect，Use a long detention to break through the psychological defense of the suspect，To obtain guilty confession，The purpose of achieving conviction。The mechanization of this survey strategy is mainly reflected in the following aspects: one，Single target，Suspects for major duties and their same plain，It is difficult to find and not target the intermediaries and bribes of corruption; the second，Single of evidence to obtain evidence，Mainly through the question from the investigator，Ignoring other investigation measures and technical means; the third，Survey thinking single，Always seeking positive breakthroughs，The conviction of the suspect's guilty confession is achieved，and ignored the secondary corruption intermediary、Breakthrough of witnesses or related staff，Surrounding collection evidence，Finally achieved the conviction of the primary suspects。

　　Examineering Examination Examination

First，Painting witnesses exemption。In the United States，Prosecutors can sign an agreement with the suspect，Requires the suspect to fulfill the testimony、Obligations such as testimony，and promise to not be prosecuted to part or all crimes of the suspect。U.S. Prosecutor's consent of the superior prosecutor，No need to be reviewed by the court，You can sign the "No Prosecution Agreement"。The superior prosecutor is reviewed that it is in line with "public interest" and "necessary principles"，You can pass this agreement。Article 153E of Article 153E of the Criminal Procedure Code in Germany，"The members of the terrorist organization after the crime、Before being found，Can be reported to reveal members of other terrorist organizations or provide clues for solving the case，It has contributed to effectively preventing or assisting in the detection of crimes of terrorist Bet365 lotto review organizations，or members of the terrorist organization after the criminal behavior，There are indeed any performance，Provide important information that provides relevant departments with important information that is related to its criminal behavior，It can be approved by the Federal Chief Prosecutor，Report the Supreme Court for approval，No prosecution for it "。Article 14 of the "Witnesses Protection Law" in Taiwan in my country，"The defendant or the suspect is not a criminal or co -crime although the case is not the case，But in the investigation, the hand was provided before its crime、Nets or related crime networks，Therefore, the prosecutor can prosecute the defendant of the criminal case listed in Article 2 of the crime，For the severity of its crime plot、The damage suffered by the victim、The importance of preventing major crimes from harming social security and public interests，Based on the crime of others or legal punishment, it is more than the crime involved in itself and the prosecutor is limited to it.，For the crime involved in the confession，Get as well as not prosecution "。

Second，Temptation investigation measures。Use temptation investigation measures in duty crime surveys，Is the United States。The United States has used temptation investigation measures in duty crime surveys for a long time，The main use agencies are the Federal Investigation Bureau (FBI)。1981，The "ABSCAM" temptation survey operation of the Federal Investigation Bureau，1 Congress Senator、6 Congress of Congress、31 mayor and other 31 officials were sued and convicted，Arrives widespread concern。This year，The US Department of Justice released the "Guide of the Minister of Justice on the FBI Joe's Action"，It marks the formal movement of the temptation survey against duty crime。Survey measures are convenient to obtain evidence，Catch the suspects many，High bet365 Play online games confession rate for suspect，Had a huge role in the system of systematic corruption。Typical survey mode，The authorized by the FBI Headquarters，Investigators are suitable for undercover candidates，Then set up a false company，Buy the necessary office equipment，Inject enough funds to meet the bribery and invitation needs of undercover personnel，Arrange the undercover step by step and meet the "middleman" in the corruption chain，After gaining the trust of the middlemen, then meet with officials through the middleman。During this period，Undercover attending various meals and finding suitable opportunities for bribes，Bremented with multiple officials and secretly photographed videos。Recording of dozens of officials with bribery、After video evidence，Then FBI "Net"，Concentrated arrest，Enter the litigation program。

Leading measures，Leading measures。Since the United States developed a lie test instrument a hundred years ago，Leading measures in the United States、Canada、Japan、Russia and other countries have gradually been used in a duty crime survey。As of July 1988，The Federal Court and 23 states acknowledged the effectiveness of the evidence of the results of the piano test。The role of a polygraph is，By recorded various physiological changes (breathing、pulse、Frequency、 blood pressure, skin humidity, etc.) to judge people's emotional changes，Then to test whether what the person said to be tested is a lie。The role of this instrument in the field of duty crime survey is，Test the testimony of witnesses and the authenticity provided by the suspect，Provide guidelines and reference for investigators and judges。

　The richness of the survey measures and the flexibility of the investigation mode

my country's job crime survey positive breakthrough，Seeking the suspect's guilty confession through detention and questioning Bet365 lotto review to achieve a mechanized investigation strategy that is convicted，More and more contemporary trend is incompatible with the increasingly advanced contemporary trend of human rights protection and investigation technology。In the future of duty crime investigation measures，It should be enriched to the type、The flexibility used and the detour of the strategy，Measures from depending on detention (restriction)，Turn to more dependence on transactions (confession and punishment from width and stain witnesses)、Spread (technical survey) and seductive (temptation survey) measures。

The survey strategy is transformed from a positive breakthrough to a roundabout breakthrough。Traditional duty crime investigation measures are to determine the main suspects first，Then question it，Asking questions often take high strength、Long -term detention measures to break through the psychological defense of the suspect，Confession that provides him to prove his guilty。Future job crime survey strategy，It should be converted into a roundabout breakthrough。Complete conviction，Including transactional investigation measures，Breaking the secondary criminals and stain witnesses，In exchange for the main suspects of its testimony，Complete conviction。

The survey method has changed from public investigation to hidden investigation。Duty crime survey conducted in an open interrogation method，The evidence obtained obtained is mostly witness testimony and the defendant's confession，Due to the high alertness and tenacious resistance of the suspect，It is extremely difficult to obtain，Validal weakness。Surveillance and monitoring and temptation investigation measures，Use a hidden way to perform，The evidence of crime obtained is mostly recording, video and document，During the investigation, the suspect had no perception，The process of evidence bet365 best casino games collection is synchronized and directional，The difficulty of obtaining crimes is low，And the proof is strong。But，Due to the lack of meticulous regulations，The governors are extremely worried that these two investigations will be abused，As a result, monitoring and monitoring is used in job crime surveys very little，and temptation to investigate is a lack of precedent。

　　(Author Unit: Wang Jian Law College of Suzhou University)