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《刑事诉讼法修正案(草案)》明确赋予检察机关在职务犯罪侦查中使用技术侦查的权力,这对于打击和遏制职务犯罪有望产生积极的效果。然而,《刑事诉讼法修正案(草案)》在技术侦查的制度细节和操作机制方面语焉不详,尚有值得探讨之处。基于控制犯罪与保障人权相平衡的考虑,此次修订有必要对技术侦查予以完善。
The Amendment to the Criminal Procedure Law (Draft) clearly gives procuratorial organs the power to use technical investigation in the investigation of job-related crimes, which is expected to have a positive effect in cracking down and containing job-related crimes. However, the “Amendment to the Criminal Procedure Law” (Draft) is not very detailed on the system details and operational mechanism of technical investigation. There are still some worth exploring. Based on the balance between controlling criminality and safeguarding human rights, this revision will make it necessary to improve technical investigation.