On The Crimes Committed In The Legal Regulation Of The Technical Investigation Measures

A technical investigation is the investigative organs authorized by law to use modern technology, secretly gathering evidence to identify the perpetrators, seized the general term of the criminal investigative measures. The technical investigative measures, including electronic eavesdropping, wiretapping, electronic surveillance, secret pictures or videos, mail check specialized technical means. The technical investigation has secrets, technical characteristics, a unique effect in combat the intelligent, secret crime, thus adopting technical investigative techniques in the investigation of crimes committed, it is common practice in many countries and regions. On the other hand, in view of technical measures to detect potential of tort abuse of power risk, countries to pass legislation to regulate it.2012before the amendment of the Code of Criminal Procedure, the use of technology in the country responsible for the Crimes Investigation procuratorial organs investigative techniques do not have a clear legal basis, there are all kinds of problems lead to practical use, is neither conducive to crime control is not conducive to the protection of human rights. After consideration by the new Code of Criminal Procedure, which, in a chapter of the "investigation" additional technical measures to detect a five provisions, provisions of the secret surveillance, posing detection and control of the to delivery three types of special investigative measures, and to give the People’s Procuratorate of investigation Right. The technical investigative measures will remain in the secret state legal and technical measures to detect the investigative organs used in practice is also fixed at the level of the Code of Criminal Procedure. At the same time, the entry into force of the United Nations Convention against Corruption " and China Lawyers’ Law amendments, job-related crimes detective work higher demands and challenges. In this context, research the applicable technical investigation of the crimes committed in China and its legislation, not only has important theoretical value, is also an urgent need to practice.In this paper, comparative analysis, logical analysis method, starting from the concept feature of the technical investigation to examine the extraterritorial technical investigation in the crimes committed in the status of application, analysis of the problems of crimes committed by the applicable technical investigation and legislation the necessity and feasibility of, and the duties of criminal technical investigation legislation related issues were discussed. I think that the legal regulation of the application of technical measures to detect, should first clear the specific content of the technical investigation by the Code of Criminal Procedure Secondly, it should be given a full technical investigation procuratorial organs rights, and should be in the stage of preliminary investigation on giving the Procuratorate investigation right. Then, we must improve our crimes committed technical investigation review process. Finally, the right to relief system by improving the technical investigation, in order to protect the rights of citizens,...