Chinese Criminal Regulation Of Technical Investigation Measures

Technical investigation measures as a new and effective investigative techniques, in today’s criminal investigation is often used. However, the technical investigation measures has two sides, on the one hand, it can effectively combat crime effectively protect public safety; on the other hand, it is likely to be abused citizens’ fundamental rights and caused damage. In this regard, most of the world countries have adopted a cautious attitude legislation, technical investigative measures to punish legal regulations in order to make a balance between the penalty crime and safeguard human rights.Of2012on the "Criminal Procedure Law" was revised for the first time the technology in the form of a special investigative measures to incorporate the law, and that this has important implications for the rule of law investigation. But it is undeniable that its provisions are still too rough, operability is not strong. In China’s judicial practice, applicable technical investigation is still a lack of reliable evidence, but also human rights violations occur frequently, overall, there are still many problems. Thus, we need to reflect on the status of our country and other countries excellent system to better improve the relevant legislation to make better use of our technical investigation measures in criminal proceedings. Based on this, the paper intends to technical issues related to China’s current legal regulation of investigation measures built into a preliminary analysis.Articles from concept analysis techniques proposed investigative measures and the necessity to regulate its start summarizes the technical investigation measures by its own particularity, and based on the principle of procedural justice, to curb the abuse of technical investigation and the protection of citizens’ basic human rights requirements, the need be strictly limited in its application. Investigating the feasibility of technical measures that legal regulation of political, legal, ideas, experience, a solid foundation of international environmental aspects as a guarantee. the article from several countries of common law and civil law were to explore and analyze the legal regulation of foreign summarized the same point on the technical investigation of the different points, which combined with China’s actual analysis of the technical requirements of the relevant laws and regulations of the investigation measures the problems. Finally, specific measures to improve our technical investigation measures proposed legal regulation to address the problem.