Research On Technology Investigation System

With the continuous development of modern science and technology, crime presents the trend of conglomeration, intelligence and covertness. Thus traditional investigative methods and means find themselves difficult to shoulder the heavy responsibility of controlling and combating crime. As a special investigation means to combat crime, technical investigation is widely used in the investigation practice in modern world. Meanwhile, due to its distinctive characteristics, technical investigation is accompanied by the risks of jeopardizing the constitutional rights of citizens like personal rights, privacy and property rights. Therefore, the strict control of applicable procedures of technical investigative measures is inevitable. In a long time since, technical investigation measures have been drifting away from China’s rule of law. The revision of the Criminal Procedure Law conforms to the dual needs of crime control and protection of human rights. It has set up a special section prescribing technical investigative measures, which is great progress, but the appropriate supporting systems are still called for and should be constantly improved in practice. In view of that, a comparative study of Chinese and foreign technical investigation systems is conducted. Besides, the paper proposes some advice on the reform and improvement of our technical investigation system combining China’s national conditions and judicial practice, which is the end of writing the paper. The paper is divided into four parts.The first part is the basic legal connotation of technical investigation system. It mainly discusses the definition of technical investigation and technical investigation system, and conducts the evaluation of technical investigation system.The second part is a comparison of technical investigation systems. Among British and American legal systems and mainland legal system, the technical investigation systems of the United Kingdom, the United States and Germany are selected for inspection. On the basis of comparative analysis, the similarities and differences of the national technical investigations of the two legal systems are concluded for the reference of China.The third part is the status quo and defects of the technical investigation system in China. First, it introduces the legislative status quo of China’s technical investigation system as well as the interpretation of the new technical investigation system, followed by the analysis of some defects in legislation and practice.The fourth part is the reform of China’s technical investigation system. First, it analyzes the necessity and legitimacy of the improvement of China’s technical investigation system, then introduces the reform idea of the technical investigation legislation, and lastly proposes specific measures to improve China’s technical investigation system.