The Improvement Of The Technical Investigation Measures In Our Country Law

Criminal procedure law amendment to technical investigation measures on theprocedural law, make the technical investigation measures in our country officially entered theorbit of legalization. Amendment to the criminal procedure law gives the investigation organfor the power of the major criminal cases to carry out the technical investigation work, makethe technical investigation of evidence obtained can be used directly as litigation evidence, toimprove the efficiency of litigation; But and at the same time, the criminal procedure lawamendment for the technical investigation measures, conditions, and the applicable scope ofthe audit supervision program of regulation is too principled, lack of practical, cannot form areal sense of legal supervision.Technical investigation measures in China were studied in this paper, through the survey,the present situation and the existing main problems, is to learn from western country underthe rule of law on the legal regulating of the technical investigation measures such as listening,it is concluded that the legal regulating of the technical investigation measures in our countrythere are still many non-standard place, and the technology for the future investigationmeasure Suggestions for the perfection of legal norms, to crack down on crime effectively,safeguard citizens’ legal rights, realize the construction of socialist legal system society in ourcountry, undoubtedly have important practical significance.In this paper, through data collection, theoretical analysis and legislative feasibilityanalysis, comparative analysis and inductive deductive research methods, such ascomprehensive criminal procedural law, criminal law, comparative law and other basictheoretical knowledge, mainly around the technical investigation measures applied in the fieldof criminal justice in our country, through technical investigation measures to our country theconcept, characteristics, scope of study, comparing the western developed countries on thelegislation system on the operation of the power of the technical investigation measures setframework and effective control of indictment expansion of experience, analysis of thecurrent problems existing in the technical investigation work in China, the technicalinvestigation measures to perfect the legal advice in China are put forward.The main researchresults are:1、 Technical investigation measures legislation is the trend of The Times, can helpsociety construction socialist legal system. Main basis lies in the technical investigationmeasures is the effective measure to control crime prevention, the technical investigationmeasures legal system is the inevitable demand of socialist rule of law, the technical investigation measures that have the best of evidence obtained.2、Think that our country should accord with the characteristics of the situation of ourcountry is dominated by the prosecutor in the criminal investigation measures judicial reviewsystem, the comprehensive legal supervision on the technical investigation measures.Combined with the current judicial practice in China, the people’s procuratorate as legalsupervision organ, had the power of supervision and investigation organ exercise of theindictment, therefore before a comprehensive reform of the judicial system in our country,technical investigation measures of rights shall be exercised by the people’s procuratorate.3、 Under Chinese current judicial system, from the Angle of the unified nationalindictment, in order to further strengthen the technical investigation measures of supervisionand restriction mechanism, Suggestions should be authorized by the state to form anindependent technical reconnaissance system responsible for the technical investigationmeasures to organize the implementation, so as to form of application, examination andapproval, the three parties to independent of each other and restrict each other "separation ofpowers" of the situation, so as to form effective supervision and restriction mechanism.4、Should further the judicial relief way to perfect our technical investigation measures,mainly including, the other party for the technical investigation measures of right to know anddissent, the right to without going through legal procedures to obtain evidence exclusion, theright of illegal technical investigation measures of punishment and compensation mechanismand so on three aspects.The innovation of this article lies in:1, the prosecutor of our country should establishcomprehensive system of judicial review of criminal investigation measures;2, establishindependent system of technical investigation, in order to realize the application, examinationand approval, implement the separation of powers, improve the technical investigationmeasures of supervision and restriction mechanism.The reform and perfection of technical investigation measures is a long-term and arduoustask, involving in the interests of all aspects of adjustment and integration of power.Construction socialist legal system society, therefore, must be closely around this center, fullydraw lessons from and absorbing the successful experience of western countries under therule of law and practice, combining with the condition of our country present stagecharacteristics, perfecting the legal system and the establishment of technical investigation,efforts to promote reform of the judicial system, realizes the authorization and control together, and gradually establish a set of technical reconnaissance system and the systemsuitable to China’s national conditions.