The Research In The Measures Of Technical Investigation

Measures of technical investigation refers to the investigation, the public security organ and the procuratorial organs according to the needs of crime investigation. The particular case of the law application of the corresponding detection technology, in strict accordance with the statutory procedures for criminal investigation, collecting evidence of a crime and the crime suspect and the secret investigative measures taken. Technical investigation measures mainly include electronic interception, telecommunications, electronic monitoring, monitoring dense film secret recording, network investigation and digital investigation. The technical measures of technical has many investigation means, secretly in the implementation of the way; with a specific in scope; with bit in the order; with clockwise in the investigation order, which has a direct in obtaining evidence; in the implementation process has persistence.The new regulation measures about "criminal procedural law" are introduced into them, so that the measures of technical investigation has legitimacy. Measures of technical investigation "into the law" conform to the criminal investigation procedures of statutory requirements, conform to the people to protect their own legitimate demands in right, to a certain extent and at the same time curb "abuse of extrajudicial investigation". Legalization of technical investigation measures increase the legal means of investigation. The measures of technical investigation in the struggle possess great advantages in the crime and further improve the efficiency, reduce the crime criminal investigation cost.The new "criminal procedural law" authorizes procuratorial organs application of technical investigation measures subject qualification, the applicable scope of subject technical investigation measures. These technical investigation measures obtained material has the effectiveness of evidence, which can directly used as evidence in the trial."In the criminal procedure law" authorized the measures of technical investigation also make the substantive and procedural restrictions on the application of technical investigation measures. Limits the performance of entity in the application of suitable condition, provides the measures of technical investigation range; and in the procedural restriction is the main measures of technical investigation of the examination and approval procedures, implementation procedures and the application deadline has clearly defined. Because of "Criminal Procedure Law" on the measures of technical investigation is for the first time, there is legislation and legislative technical problems, the legislation of technical investigation measures there are some shortcomings. For example, the concept and category does not require technical investigation measures; provisions of the applicable conditions of technical investigation measures and scope is not enough details; application of technical investigation measure provisions are too general; the lack of law applicable measures of technical investigation measures and provisions of the relief way applicable objects etc..Any law is unlikely to reach the acme of perfection because the law may not be fully estimated to practice in the future which will be the problem. In order to maintain the legal authority and the stability of technical investigation measures, the application problems can monitor the criminal law justice and interpretation or the investigation organ. First of all, the investigation organ shall apply the measures of technical investigation in the basic principles of legal procedure, specific principles of case, proportion principle, relevance principle, the principle of judicial review under the instruction. Secondly, the measures of technical investigation of the applicable scope, procedures for specific provisions ought to be made it more operational while the investigation organ and workers finally take measures of technical investigation of illegal punishment, relief for the object being infringed. At the same time, the investigation organ should establish the modern concept of investigation, change of investigation thinking, strengthen the training of scientific and technological knowledge investigation personally, equipped with technology and equipment more professional. Only in this way can we guarantee measures of technical investigation in accordance with the law, norms applicable.