On The Legislative Perfection Of Technical Investigation

As an new special investigation measures,Technical investigation measures isdifferent from the traditional detection means,it has the characteristics of particularsubject,specific scope of application,mandatory,subordination. At the same time,the toolswhich technical investigation used is more advanced with high technological,mandatory,efficient convenience.Due to the diversity of today’s society crimes,it is sodiscommodious to do it with the traditional investigation methods,and the advantages oftechnical investigation are more significantly.To punish crime and protect human rights,technical investigation played a considerable role.The new criminal procedure law of our country although put the technicalinvestigation measures into legislation as an independent section,but there are stillimperfections.The country’s new Criminal Procedure Law only stipulates theimplementation of technical investigative measures to comply with the strict approvalprocess name,the type of technical measures to detect,but not clearly defined; nor theimplementation of the provisions of technical investigation procedures; nor provisions forerror implementation of technical investigation of citizens legitimate interests of the rightto relief after the damage.The relevant legislation should be improved from the four following aspects.First ofall,stipulate technical investigation measures the name,type,implementation method,clearly defined the tions and supervision should be took to technical investigationmeasures,approval subjeelectronic monitoring,secret shoot density recorded,check email.Secondly,strict restricct,implementation main body,implementation period,the use ofevidence of technical investigation should be ruled.Again,rigorous examination should betook for the evidence obtained through technical measures.Finally,in order to safeguard the legitimate rights and interests of criminal suspects and defendants,it is necessary forthe parties should be given the rights and remedies of the protective rights.