On Legal Regulation Of Technical Investigation In China

Technical criminal investigation has emerged for a long period and nowadays technical measures for criminal investigation have been widely used all over the world. However, the legal status of technical criminal investigation was not recognized by any basic law of China so that it stayed in illegal state for a long time. Criminal Procedure Law of People’s Republic of China was enacted on March14,2012, which confirmed the legal status for technical criminal investigation and improved the system of criminal investigation.Nowadays, the regulations for technical criminal investigation merely include scope of application, approval procedure, executive procedure, adoption, destruction and confidentiality-maintenance of evidence materials, which preliminarily suggest the principals of application to grave crime, legal procedure and assurance of human rights. However, many defects still exist in the technical criminal investigation, such as ambiguous identification for conception, types and procedures, absence of supervision and inappropriate remedy, which reflect the deficiency in the regulations and need to be perfected.This thesis is completed on the basis of analysis of defects existing in the regulations for technical criminal investigation of China, aimed at perfecting the legal system for technical criminal investigation by the means of subdivision of scope of application, strict procedure control, reasonable adoption of evidence materials, etc..This thesis includes two main parts:Introduction and Text including four Chapters.In the first chapter "PRISM Event" is taken as an introductory case to introduce the legal regulations for technical criminal investigation; in the second chapter technical criminal investigation is described with various relevant opinions analyzed, its concepts and types induced and summarized, similar concepts differentiated and its value analyzed; in the third chapter, the value of regulations for technical criminal investigation of China are firstly summarized, then the existing regulations related are listed in brief to analyze the progress and defects in the current regulations; in the fourth chapter the suggestions are concluded as for establishment of legal system for technical criminal investigation in China on the basis of current state of technical criminal investigation and by reference to overseas advanced experiences.