A Study On The Related Problems Of Criminal Investigation Measures In China

The measures of technical investigation, taking science and technology, especially information technology as the pillar, is a kind of modern investigative style which dynamically collects criminal information, and most of the countries in the world have generally adopted this measure. China in March 14, 2012 Eleventh National People’s Congress of the fifth meeting examined and adopted the "the people’s Republic of China on Amending the criminal procedure law according to the decision of" which adds the new measures of technical investigation in the form of legislation in the eighth section of the second chapter of the second series, providing an important legal basis for the investigation organ using technical investigation measures. In the implementation of the technical investigation cases, the ability of the investigation organs has been greatly improved in criminal information, evidence and clues, technical means, which is a strong blow to the criminal activities. At the same time, it also avoids the illegal investigation acts, especially avoids the torture to extract confessions and infringement of the rights of criminal suspects. However, due to the lack of legislation and supervision mechanism, the measures of technical investigation have the problem of the scope of the case, the examination and approval procedures and the human rights protection in the implementation process. In the legislation, "other serious crimes" and "after approval procedures strict regulations" are too general and vague. If there are no clear rules in the practice of investigation, it easily leads to the abuse of executive measures of technical investigation, and even the violations of the privacy of individual citizens and public interest. Therefore, this paper summarizes the development process of technical investigation measures of our country and practical status, and then takes the method of comparing with the foreign technical investigation system to point out our problems of technical investigation in practice and the degree of harm of the abuse of technical investigation measures, on the basis of which, this paper will draw lessons from foreign successful experience and give some solutions to concept discrimination, scope of application, approval process, supervision and relief and so on to better achieve the legalization of technical investigation.