On The Legal Regulation Of Technieal Investigation

The communication and exchanges between people has been promoted with the progressof civilization, the development of science and technology. However, at the same time theyurge the crime form toward the development of intelligent, technicalization and concealing aswell. Meanwhile, to achieve the purpose of crime control, the criminal investigation organ inEurope and United States and other countries all strengthen the use of technologicalreconnaissance methods with so-called “a rising tide lifted all boats”. It is undeniable thatsuch as electronic eavesdropping, secret videotaping, E-mail inspection and other detectionmethods may harm the personal rights and interests of citizen in some degree. Therefore,many countries treat the technological detection means which they use processing a cautiousattitude on the legislation. For example, continental law system countries generally unify thetechnical investigation system in the form of law provisions to criminal procedure code; butcommon law system countries in the form of special legislation unify the technicalinvestigation regulated. Although the regulation ways above are different, they all restrictedthe implementation of technical investigation and provided complete rights of way totechnical investigation objects. In contrast, the law regulation of technical investigation in ourChinese mainland areas, not only the legislation is much later than the actual application, butalso the existing laws and regulations are only creeds which cannot play the role of strictlimits because of the larger actual operating space. The reason mainly is the thought ofattaching importance to “Entity against” and despising “Program protection” is at work,existing in the brain of technical investigation organ personnel for a long time, so that thecurrent criminal procedure law only put the public security organs, procuratorial organs andpeople’s courts as pipeline’s one procedure against crime, in addition, the protection ofpeople’s rights and interests from criminal lawsuit has been greatly weakened. Therefore, theauthor’s main aspect of research is how to find a relative way of technical investigationconforms to China’s national conditions meanwhile draw lessons about the rule of law oflegislation from foreign advanced countries and regions.This paper is divided the main content into four parts.First of all discussed is a basicproblem in the technical investigation, and give an explanation about technical investigationaspect’ relative rule of other countries with adequate legal system, finally after analysis thereason and basic condition about current relatively backward technical investigation regulation of our country,the author put forward some own proposals about Chinese futurelegal technical investigation regulation from the basic principles, scope of applications,legislative mode, applicable objects and the implementation procedure and so on five aspects.ation...