Epistemology And Its Limitations In The Technical Investigation To Overcome

As the continually development of the modern science and technology and its being increasingly used in criminal investigation, the investigation mode is experiencing a fundamental change. It is a worldwide trend to apply the technical methods in criminal investigation, which can improve judicial justice and judicial efficiency. But it should be noted that there are some differences between the technical investigation and the traditional investigation. The writer applies the principles of epistemology to analyze the value connection of the technical investigation, the understanding mode, the understanding structure. The writer also analyzes the defects of the technical investigation and puts forward some advice to improve the problems. The paper falls into three parts besides the introduction and the conclusion:In part one, the writer discussed the necessity of utilizing the technical investigation in modern criminal procedure. Using of the technical methods can improve the power of policing, as well as civilize the procedure of modern investigation. It is also the worldwide trend of the countries ruled of law. It will be beneficial to the development of our criminal investigation. Under the currently condition, It is actually necessarily to applying the newest technical progression to the modern criminal investigation. It is also a available way to double our efficiency of criminal justice.In part two, the writer applies the principles of epistemology to classify the technical investigation into three modes, that is: time-and-space mode; information mode; and biological function mode. The merits and shortcomings of the three modes are also discussed in this part. It is a theoretical problem of great importance, and it is the guideline to the practice of the technical investigation. Comprehensive understanding of the theory will certainly benefit our criminal justice.In part three, the writer analyzes the understanding structure in focus of the criminal scene. The essential factors of the technical investigation understanding structure is the reflection of the scene; the selection of the scene information and the reconstruction of the criminal scene. The correspondent measures in criminal investigation are inquest of the scene; analysis of the scene and the reconstruction of the criminal scene. the analyzing of the structure will make us profoundly know the function of the technical understanding mode and can reduce defects and inconsistence of the theory.In part four, the writer discussed the practical problems of the technical investigation such as infringement of human rights .The thought limitation of the technical investigation is also explored in this part. Some proposals are put forward in order to perfect the theory. It is said that any theory is not perfect and it must be always made up and optimized. As we usually can see, there are examples of violations of human rights. So we must set some moral and procedural limits to the practice of the technical investigation.The technical investigation is the necessity of the modernization of criminal investigation, and it conforms to the requirement of the judicial civilization .But the technical investigation itself is not perfect. The discussion and analysis about its understanding modes and structure is beneficial for us to grasp its procedure and entity limitations. It is also necessary to safeguard judicial justice and to improve judicial efficiency.