On The Rule Of Law In The Process Of Technical Investigation

With the more degree of intelligence,systematization and hidden of crime,the traditional common investigative mode of crime has encountered unprecedented crisis and challenge. Technical investigation means coping with the changing crime under new situation have been used widely in the world,which has played irreplaceable function in attacking and punishing the crime. However,the technical investigation has a great tendency to invade the people's legal rights if it is improperly used. Therefore,how to regulate the technical investigation through legislation and balance the value conflict between cracking down crime and guarantee of human rights, and realize the rule of law in the process of technical investigation lastly has become an important task in legislation and judicature. This thesis begin with general theory of the technical investigation, and then on the foundation of full research on legislation,judicial practice and relevant theory of technical investigation in the major countries and regions which with the rule of law in the world. Furthermore, l study the actual conditions of technical investigation in our country, and then put forward initial ideas about how to set up legal system of technical investigation in our country. The thesis includes four chapters, more than 50thousand words.Chapter one briefly describes technical investigation. First, investigate and demonstrate the concepts and features of technical investigation, then describe several major technical investigation measures. Finally, analyze the differences and connections between technical investigation and related concepts.In chapter two, the author introduces the comparative research on the legal current situation of extraterritorial technical investigation. Firstly, the author investigates the legislation judicial practice and relevant theory of technical investigation in the major common law countries,the major civil law countries and China's Hong Kong, Macao and Taiwan also, and then analyzes and evaluate based on them, Lastly, points out the enlightenment to the rule of law in the process of technical investigation in our country.Chapter three is legislation and current situation of judicial practice of technical investigation in our country. At first, the author introduces the relevant provisions of the legislation to the technical investigation in our country, and points out the shortage on these laws, and then analyzes the main problems of technical investigation in judicial practice in China. Lastly, the author analyzes the reasons why there are so many problems on technical investigation in our country from four sides, such as the obstacle of concept,the lack of effective power control mechanism,the unreasonable existing structure of litigation and the unusual related litigation system.In chapter four, the author demonstrates the idea of the rule of law in the process of technical investigation in our country in detail, and this chapter is the most important part in the thesis. This chapter begin with analyze the necessity and feasibility of the rule of law in the process of technical investigation. Secondly, point out the basic principles of the technical investigation in our country. Based on these basic principles, specifically discussed the legislative design of the rule of law in the process of technical investigation in our country, include the selection of pattern of legislation,the distribution of the power of technical investigation, as well as the range of case and condition of use,applicable object and treatment of information and material which get from technical investigation,sanction mechanism and the right to relief against illegal technical investigation acts.