Legal Regulation Of The Technical Inverstigation

Technical detection measures is a new investigative tool in combating organized, technical, concealment of crime shows high efficiency, it has become a national investigation agencies interested in the reasons it's important. However, the investigation on foreign technology study, we found that in general foreign legislation at the expense of citizens of this part of the cost in exchange for the right to effective crime control measures in the new investigation had strict restrictions on the conditions and procedures,Legal Regulation of technical investigation into balancing technology of crime detection and punishment of human rights protection in the value of the balance of the two. The contrary, the legislative investigation of China's technology, we have to admit that our legal regulation in the technical investigation done nearly enough. Chinese judicial practice, the technical detection for arbitrary large, the phenomenon of frequent human rights violations.Rule of law, and procedures of technical investigation into the new century, China the rule of law and building a socialist harmonious society important task.This article is divided into four chapters, on the basis of our technical issues discussed investigation, analysis of the current situation, the legal regulation of China's technology need for investigation.Legislation in the study based on foreign technical investigation, technical investigation against China's practice of legislative and judicial issues, put forward concerning the legal regulation of our technical investigations of concrete ideas.Chapter I Technology Legal Foundation detection problem. This chapter divided into two sections, section I, the concept of technical investigation, technical investigation clearance connotation and extension of the right to define the concept of technical investigation, technical investigation to achieve the basis of rule of law.Technical Investigation Section is the value of legal regulation goal, the rule of law rule, the program of governance is the basic value of modern technology, the pursuit of the investigation.Chapter II Investigation of China's technology need for legal regulation. This chapter discusses three main aspects, First, the human rights guarantees technical detection measures of legal regulation, technology easy to detect violations of civil rights, technical investigation of the statutory conditions and procedures are rigid shield to protect the rights of citizens; Second, the punishment of crime also requires technical investigation rule of law, no rules no standards, the technology chaos not only easy to detect violations of civil rights, Technical investigation, but also seriously affect the efficiency in solving the case and the evidence collected by the quality of crime, detection limits of the technology measures the basic functions of play, indulgence of the crimes, so the rule of law has also contributed technical investigation requirements necessary punishment of crime; Again, due process theory is the basic requirement of the modern litigation, the modern emphasis on procedural justice proceedings, technical investigation is the investigation process of legal regulation of the contents of one of the rule of law.Chapter III study of foreign technical investigation. This chapter from the civil law and common law countries the election of two typical representatives of a comprehensive investigation of the foreign technical considerations. Civil law as France, Germany, the British common law, the United States. Investigation of foreign technology through the consideration of legislation to deepen the understanding of technical detection measures for the detection of Legislation of China's technology foundation.Chapter IV Legislation of China's technical investigations of specific ideas. This chapter will introduce the technical investigation of China's status of legislation and judicial practice, detection of disease that China's technology assessment; Then this model legislation from the technical investigation, subject, scope, conditions, run the program, benefits, supervisory methods, materials, evidence of capacity available to the eight aspects of technical investigation discusses the legal regulation of China's specific ideas, hoping to build a country set of techniques for detection system of China's national conditions, give full play to technology's role in criminal investigations for the construction of harmonious society shelter.