Research On Difficulties And Problems Confronted By Police Departmentin Implementing Technical Investigation Measures

For the technical investigation measures frequently used by the police department in rapidly fighting crimes,its effects in the investigation practice become more and more apparent.Due to the confidentiality,easiness in violating rights,technicality and other features possessed by the technical investigation measures,some problems occurring in the practical application have been noticed,discussed and researched by related scholars.Although the academic circle has conducted multi-layer discussion about the standard application and legal regulation of technical investigation measures,the proposed improvement plans couldn't fit in China's actual situations and technical investigation practice because the academic circle isn't well involved in practice and lacks in-depth understanding.Therefore,the academic circle just attempts an ineffective solution.As a matter of fact,through the technical investigation cases over many years,the police department has explored and gained a relatively mature and standard internal operation procedure and defined the legal relations and corresponding legal responsibilities possibly involved in the application of technical investigation measures.Such as it is,some doubts and problems remain unsolved when the police department attempts to use the technical investigation measures.Since the application,approval,implementation,document recording and destroying and other links are involved when the police department actually uses the technical investigation measures,the right-violating feature of these measures is reflected in the most apparent way.Meanwhile,the management of these measures is also the weakest link.The research in this paper focuses on the process of police department implementing these technical investigation measures.On the condition of studying and referring to the opinions of Chinese scholars and following the existing criminal procedure laws,the author's working experience was used to research the problems confronted by the police department in implementing the technical investigation measures.Besides,the corresponding advices were proposed.This paper includes three chapters.The first chapter introduced the basis and practical conditions of regulating the technical investigation measures.Firstly,by defining the concept of technical investigation measures and comparing the relevant laws between China and foreign countries,in combination with the author's own working practice,the definition of technical investigation measures was discussed.Secondly,the practical conditions interms of implementing the technical investigation measures were described from the perspective of investigators of police department.The second chapter was based on the practical operation.It proposed and analyzed the realistic problems in the process of implementing the technical investigation measures.In the third chapter,several strong advices for improvement were proposed according to the problems existing in the implementation process.For example,the bases of regulating the technical investigation measures should be established and improved.The operational procedures should be perfected.The system of implementing technical investigation without license should be attempted and established.The internal management and control inside the police department should be reinforced.The external monitoring and review mechanism should be established.All of these measures aim at solving the doubts and difficulties confronted by the police department in implementing the technical investigation measures.