A Case Study On The Feasibility Of Implementing Technicians In Procuratorial Organs

Legislation of investigation activities is to perfect the law system and protect human rights, but also the important path of criminal litigation efficiency. The real need of our country should be based on the punishment of crime and political, economic, social conditions as premise, reference the relevant provisions of foreign legislation regulation of technical investigation, technical investigation to perfect our legal system from the aspects of concept, types and legal procedures, so as to improve the relevant provisions of measures of technical investigation exercise procuratorial authority. Released the 2013 edition of "Criminal Procedure Law", the technical detection legislation is one of the important contents of the investigation part, disputed that the biggest problem is whether the procuratorial organs from detects case enjoyed complete technical investigation right. The rapid development of modern science and technology, bring convenience to bring our life, also make criminal anti detection means increasingly technology, intelligent, especially in official crime reconnaissance means is more and more prominent, and the procuratorial organs investigation means can’t keep up with the progress of science and technology requirements, the release of the new "criminal procedure law", the provisions of the procuratorial organ has the right to take the decision of technical investigation, technical investigation measures but no executive power, the procuratorial organ independent application of technical investigation means to solve a case is to represent the general trend. The paper through two cases of the author in the actual work as the lead, the relevant provisions in domestic and abroad, combined with the concept of technical investigation, the types of legal procedures such as content theory and the standardization analysis, the main purpose of the research is the foundation concept and kinds of clear technical investigation on feasibility study of implementation technology, the procuratorial organs investigation measure of autonomy, the thesis consists of four parts. The first part is introduction, expounds the reasons, the research topic motive and the significance, the literature review and case source. The second part is the main body part, this is also the main part of this paper, through two typical cases, puts forward the problems and deficiencies in the current domestic legislation in the concept of technical investigation and legal procedures exist. The third part, make a concrete analysis of this problem, the author mainly through the comparison of three different views on the concept of technical investigation of academic introduction, explains the personal view of the author, and through technical investigation concept and kinds of laws and regulations on the domestic different provisions, introduces the present situation of our country at present to take measures of technical investigation, and feasibility and necessity of the procuratorial organ of our country implementation of technical investigation measure independent is discussed. The fourth part, according to the previous analysis, put forward the specific solution to the problem of constructive suggestions, and provide theoretical and practical basis for perfecting the measures of technical investigation in our country in the legislation and system etc.. Finally, author summarizes the thesis content, from the point of view of take technical investigation measures of citizen privacy violations of the right angle, put forward to want to find a balance between the rights of citizens, social stability and the detection efficiency and quality, which can make use of measures of technical investigation, legal and reasonable.