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Technical Detection System Study

Posted on:2008-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y GouFull Text:PDF
GTID:2206360215472895Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
With the improvement of the technology, styles of offence have updatingconstantly, the criminal investigation would certainly make an appropriateresponse. As a particular investigation method, technical investigation plays amore efficient role during in handling of criminal cases. It represents a seriesof measures for the use of criminal investigation, testimony collecting,suspects identification and that is stipulated in law, outside normalinvestigation measures, required special examine procedures and put intoforce in secret. Technical investigation, in a narrow sense, is a series oflegislation-stipulated, non-normal and secretly-taken measures for the needsof criminal inestigation, testimony collection and suspect identification.Compared to normal investigation measures, characteristics of technicalinvestigation show in these aspects of executing secretly, more gravity ofencroach on rights, suitable for special situations, alternative tactics, strictsurveying standards and keep secret strictly, etc. With the view that thetechnical investigation measures have these special characters so that it hasbeen playing an important role in investigating crimes. But it also infringes onthe civil right of privacy .So it has been regulated strictly all over the world toprevent the investigation organ from violating the civil rights excessively.However its blank condition of Chinese legislation, task of legislation oftechnical investigation measures is very urgent.This thesis includes 5 chapters, more than 37000 words.Chapter one is the basic introduction of the technical investigation. Theconcept of the means is analyzed in detail, and makes a comparison of theconcepts of both technical investigation in a narrow sence and secretinvestigation. Then, the author introduces the special characteritics of thetechnical investigation, and discusses our criminal procedure law should giveit proper restriction, so that people's fights can be protected while punishingthe crime.In chapter Two, the value of technical criminal investigation is set forth.In this chapter the author expounds from two aspects, first, the background in foreign countries and in China is introduced, and the significance of studyingthis problem is opened out. Then the usual meanings to value are explained,and the author implies that in this thesis the value of benefit of technicalcriminal investigation will be emphasized. In criminal investigationsnecessary cost must be expended, the function of technical criminalinvestigation is that detective can determine rightly by collecting information,and then the waste of cost can be avoided. Using technical criminalinvestigation means the economy of cost of realizing from the aspect of therelations between cost of realizing and cost of power.In chapter Three, the author introduces the instance of regularity oftechnical Investigation in foreign countries.In chapter Four, the author introduces the growning of technicalinvestigation in China, and analyzes the shortage on these laws.The five chapter makes an analysis of the legislation in our country anddraws the basic blueprint of the legislation of the technical investigation in ourcountry initiatively. In this chapter the author first points out the legislation oftechnical investigation is nearly blank in our country and thinks thisphenomena isn't consist with the principle of law reservation and theprocedure conditioned by valid system. And then the author indicates thedirection of the legislation of the technical investigation in our country refer tothe successful experience of the western main developed countries and theactual circumstance in our country.Because data limited, the writer can not investigate the behavior of thehistorical of the technical criminal investigation. While discuss the lawprovision that relevant technical criminal investigation in western nation, alsocarried on the simply introduction only, the purpose is a realistic rationalitythat explains that the technical criminal investigation, since non- capitalismalso non- socialism especially have, but can not do more analytical about thedifferent and similar of technical criminal investigation pertaining to crimelitigations for the western nations. These are all the realms that needs thewriter to continue to carry on the research in the days to come.
Keywords/Search Tags:Technical
PDF Full Text Request
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