A Research On "Protection Of Suspects’ Rights When Investigated By Technical Investigation Measures"

Traditional means of investigation must face to enormous challenges in responding tonew types of crime model, expanding the scope of the use of technical investigation injudicial practice. Its advantages are increasingly obviously, both in theory and judicialpractitioners received extensive attention. But our technical investigation system is notperfect legislation. If it is used improperly, it will be easily to infringe to citizens’legitimate rights and interests. How to balance the conflict against fighting crime and theprotection of human rights has become an important research topic.In chapter1, the author introduces the impact of technical investigation measures forthe protection of human rights of criminal suspects. Through the introduction of sometechnical investigation measures, the author analyzes the impact of their personalinformation, personal whereabouts, freedom of action, and the freedom and privacy ofcorrespondence.In chapter2, the author explores the protection of privacy. The concept of "search"should be adjusted with the development of the technology. Laws protect citizens fromillegal search, and the purpose is to protect the privacy. The court sets thereasonable expectations of privacy as the standard of privacy protection.In chapter3, the author introduces the laws about technical investigation measures inforeign countries. It is mainly about the types of cases of the use of technical investigativemeasures, the specification of the program of technical measures, the legal norms oftechnical measures, and how to deal with the evidences.In chapter4, we discuss the current situation of technical investigation measures inour country. Technical investigation measures are necessary. The legislation on technical investigation is not perfect, and we still have some problems.In chapter5, we demonstrate the idea of the legal regulation of technical investigationin our country in detail. Firstly, we introduce the basic principles of the legal regulation oftechnical investigation in our country: Legal Principle, the Principle of judicial review,Proportionality Principle, Relevance Principle. At the basis of the principles, the authordiscusses the specific regulations of technical investigation of our country in detail...