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当前我国职务犯罪呈现隐蔽化、智能化。与此对应,我国职务犯罪侦查工作现状的突出问题表现为侦查手段过于原始化,与检察机关担当的反职务犯罪职能和承担的证明标准极度不匹配。侦查手段过度受限、科学技术含量太少、科学技术在职务犯罪侦查领域未能发挥应有效用。然而职务犯罪采用技术侦查措施是必然趋势,职务犯罪技术侦查的法律规制的关键在于明确检察机关在职务犯罪侦查过程使用技术侦查手段应当遵循的原则与如何在正当程序的规制下合理地运用技术侦查,以期在打击职务犯罪与保障人权的价值冲突中寻求平衡。
At present, job-borne crime in our country is hidden and intelligent. Correspondingly, the outstanding problems of the status quo of the duty crime investigation work in our country are that the means of investigation are too primitive and do not match with the proof standard of the anti-duty crimes assumed by procuratorial organs. Excessive means of investigation, too little scientific and technological content, science and technology in the field of job-related crimes failed to play its due role. However, it is an inevitable trend to adopt technical investigation measures for job-related crimes. The key point of the legal regulation of technical crimes investigation is to clarify the principles that the procuratorial organs should follow when using technical investigation methods in the investigation of job-related crimes and how to use the technology investigation reasonably under the due process regulation. , With a view to finding a balance between the value conflicts of fighting duty crimes and safeguarding human rights.