Font Size: a A A

Analysis Of Improving The System Of Criminal Investigation Technology

Posted on:2015-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X F QinFull Text:PDF
GTID:2296330431486477Subject:Law
Abstract/Summary:PDF Full Text Request
This paper holds that the purpose and significance of research technique investigationsystem is looking for the value of technical investigation to bring the balance point ofconflict,that is seeking the balance point of protecting human rights and fightingcrimes,to solve the conflict between program requirements and detection efficiency, tostrengthen the system guarantee of the technical investigation,preventing that it is usedby criminals.From three aspects, this paper analyzed the necessity of the technicalinvestigation,Including it made up the deficiency of the traditional methods,It is thepowerful weapon of anti reconnaissance measures;It is an important force inmaintaining social order and safeguard human rights;at the same time,It can improvethe detection rate and decrease the cost of investigation.This paper also analyzes thecurrent situation of the development of criminal investigation technologyabroad.Compared with criminal investigation technology in our country, the foreigntechnology investigation established earlier, Legislation is more perfect;Usingcautiously, legal rules and regulations is stricter;Audit supervision system generallyestablished;Citizens’ rights and interests safeguard received widespread attention.We should realize the present status of criminal investigation technology and theexisting problems.At present our country the provisions of the applicable scope ofcriminal investigation technology investigation is not specific enough,reflected in thelanguage is not rigorous,some provisions are too abstract,Making the investigationsupervision become a mere formality;Technical investigation enforcement agenciesregulation is not reasonable;Technical investigation period stipulated longer, easily leadto misuse;Technical investigation materials saving organs,destroying organs and destroysupervision organs without special provision. Interested party’s right to know and rightof relief are not provided; There is the risk of violating the rights of citizens for thelacking of effective supervision,This is reflected in our country law of technicalinvestigation is not clear,Internal examination easily lead to weak supervision andbecomes a mere formality,the approval of paraprofessionals exacerbate the abuse ofpower,the execution is lack of supervision,Afterwards supervision can not reach thedesignated position.On this basis, the technical investigation should be improved from the followingaspects:The scope of application, method of technical investigation should be stipulated roundly and specifically.The standard rules of the case scope should be more clear anddetailed.Giving the procuratorial organs technical investigation executivefunction.Cautiously setting the time limit of technical investigation.Providing thecorresponding materials saved, destroy and destroy supervision organs.Ensure thatinterested parties’ right to know and right of relief afterwards.To perfect the technicalinvestigation of examination and approval system, clear supervision of examination andapproval authority, build system of written examination, inspection reportsystem,examination and approval system after an emergency.The application of thetechnical investigation measures should follow the principle of necessity andproportionality.Strengthen the use of the illegal evidence elimination rule.Make thetechnical investigation in our country on the basis of using the experience of foreignmature establish a set of complete and suitable for our investigation of operationmechanism according to its own development characteristics.To realize the stability ofour country,and get greater security to the rights of citizens.
Keywords/Search Tags:Technical investigation, The examination and approval, Supervision, The right of privacy
PDF Full Text Request
Related items