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Research On Regulation Of Technical Investigation Measures In China

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y FuFull Text:PDF
GTID:2176330422473179Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Technical investigation measures, as a special technical investigation technique,can effectively detect disguised and technical crimes and are therefore widely appliedin today’s investigative activities of various countries. Despite that technicalinvestigation measures help prevent and combat crimes, they are very likely to violatelegal rights of others. Considering this, regulation of technical investigation measuresis particularly important.This article is based on the current situation of foreign domestic regulatorymeasures, technical investigation:the new Criminal Procedure Law that came intoforce on January1,2013adds the "Technical Investigation Measures" chapter for thefirst time in the field of criminal procedure, wherein the five provisions relate to thesubject, relative person, scope, approval procedure, limitation period, evidential value,security measures, police encouragement, and controlled delivery, etc. On the basis ofthe Criminal Procedure Law, the Procedural Requirements for Public SecurityOrgans in Handling Criminal Cases, People’s Procuratorate Rules of CriminalProcedure which came into force simultaneously, clearly defines technicalinvestigation measures, refines the scope, limits the miscellaneous provisions, tightensup approval procedures, and standardizes the controlled delivery. It can be seen thatthe Criminal Procedure Law and Procedural Requirements have made great progressin the regulation of technical investigation measures and well balance crimepunishment and protection of human rights. However, the progress, compared withwhat the common law and civil law countries have achieved in the same field,including specific scope, stringent approval procedure, effective supportive measures,mature evidentiary value system, and reasonable remedies, is far from enough.Thispaper based on the analysis and comparison between the regulation of technicalinvestigation measures performed home and abroad, and with respect to thedeficiencies existing in China’s regulation of technical investigation measures,proposes suggestions laterally from the directions of substantive rules and procedurerules and longitudinally from the aspects of scope, approval procedure, evidentiary value, supervision mechanism, remedies, police encouragement, and controlleddelivery.
Keywords/Search Tags:Technical investigation measures, Regulation of technical investigationmeasures, Criminal Procedure Law
PDF Full Text Request
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