Establishment And Improvement On Legislation And Supervisory Restraint System Of Technical Investigation Measure

In the transitional Stage of socialism, the incorruptibility of State organ staff has a close bearing on stability of governing capability of the party ,maintaining the political structrue?to work smoothly and socialist legal construction. The most fundamental approach to maintain the incorruptibility of State organ staff is to control official crime effectivly. Technical investigation measure which is secrecy and technological is the most effective way to against the intellectualized official crime.However,the featrues of technical investigation measure mentioned above are tend to violate human rights. In oder to control crime,to protecthuman rights, and to balance them,the Legislation and supervisory restraint system of Technical investigation measure have to be Established and improved.This essay which is based on the implementation of technical investigation measure and the judicial practice of official crime cases,suggests to establish the legislation and supervisory restraint system of Technical investigation measure in china.The contents can be divided into introduction,five relative parts of the study and conclusion.The introduction briefly represents thethesis, meaning, theoretical tools and methodology of the study, the basic thinking and logical construction.The first part explains the logical starting point of study. To accurately define the content of technical investigation measure is the starting point and precondition of the study. Besides, to educe the value conflict between crime control and protection of human rights. The value conflict as theme of the essay is the cause for establishment and improvement of the legislation and supervisory restraint system of Technical investigation measure.The second part explains the implementation and the origin of technical investigation measure. This part discusses the current state of disadvantage to bring up the necessity . Besides, to explain the socialist legal construction has been impeded by the traditional model of detection in three aspects.The third part explains the necessity and practicability of establishment of the legislation and supervisory restraint system of Technical investigation measure. This part can be divided into two levels: the first one is to suggest the necessity on legislation of technical investigation according to deal with the problems caused by the current state of disadvantage of technical investigation measure; the second part is to suggest the practicability of establishment of the legislation of technical investigation measure.The fourth part raises the legislative system of technical investigation measure on official crime. The specific suggestion can be divided into four parts: legislative model, substantial principles, regulations of establishing procedure and credibility of evidence. The last part raises the suggestion of improvement on supervisory restraint system of Technical investigation measure which are explained from the two aspects: the specific contents of implementation on supervisory restraint system of Technical investigation measure which are advanced from the interior and exterior of procuratorial organ, and, to constitute related system according to improvement of hardware and software of procuratorial organ.The conclusion induces the thesis of this dissertation with further defining the significance of establishment and improvement of the Legislation and supervisory restraint system of Technical investigation measure.