Legal Regulation Of Technical Investigation Measures

Forms of crime are developed to the direction of the organization, technology and privacy, which ismore and more difficult to the Detection of cases. Technical investigation measures are necessary, butalso have problems in aspect of Violations of human rights. The Code of Criminal Proceduremodification increases the relevant provisions of the technical measures to detect, but there are severalissues: First, the examination and approval provisions are too vague. There are no detailed provisionsfor the examination and approval of the subject, and the applicant, approval form is not easy to operatein judicial practice. Second, the applicable scope should be further clarified. According to the law ofcriminal procedure, technical measures to detect are applicable to "crimes of endangering nationalsecurity, terrorist crime, organization crime of underworld nature, major drug crime or other seriouscrimes", and "major corruption, bribery crime and major crime authority implementation of seriousviolations of the personal rights of citizens", but what is the other serious criminal cases, and what is themajor crime to infringe citizen’s implementation of the use of functions and powers of the personalrights, are not clearly defined, which leaves more space for the investigation organ, and is inadequatefor protecting the rights of citizens. Third, how to safeguard the legitimate rights and interests of thecriminal suspect in investigation stage. Technical investigation measures have more advantages andconvenience in criminal investigation, but there are not relevant provisions for the legitimate rights ofcriminal suspects. Fourth, whether the exclusionary rule of regulation are applicable of the technicalinvestigation measures. The exclusionary rule of illegal evidence is the restriction of public authority,and important rules and regulations for the protection of citizen rights, but the amendment to thecriminal procedural law does not have relevant regulations, which need further discussion andargumentation. In short, the criminal procedural law has joined the relevant provisions of the measuresof technical investigation, but the principle is too strong, poor operability, the investigation organ haslarge operation space, which is not conducive to the protection of the legitimate rights of criminalsuspects. This paper analyses in detail in view of the above problems, and puts forward somesuggestions.