Application And Research Techniques To Improve Technical Investigation Measures In The New Code Of Criminal Procedure

Although the relevant departments before the new "Code of Criminal Procedure" has been the introduction of a large number of application of the technical investigation measures, but the use of technical investigative techniques has been under strict secrecy, so the technical investigative techniques in the actual situation in the end, how to use, what its procedures are, what are the problems, including the scope, it is not known to the public. After discussing the Criminal Procedure Law of the People’s National Congress deliberations held in 2012 after approval has been allowed to modify, and now we see the provisions of the Criminal Procedure Law of the five measures on the technical investigation is not found before the Criminal Procedure Law included.Investigation Right prosecutors produced thanks to the birth of the new Code of Criminal Procedure, and in one of the most important laws-《the state’s basic procedural law》 is also written in the technical investigation measures. This is our crimes against increasingly sophisticated detection means increasing difficulty of urgent needs, but also the mandatory rules of the investigation. Of course, this does not mean that the new Criminal Procedure Code provisions technical reconnaissance measures are immaculate, it still has some shortcomings, such as, for provisions for the use of the range, in the provisions and no obvious narrative; their specific running processes is relatively vague and general; nor related supervision and remedies set; evidence obtained on the technical investigation, there are questions about the legality of it and to conceal her identity secret investigation under the control of state delivery areas affected by the relevant provisions also very summary general and so on.This article defines the concept of technical investigation measures, legislative analysis of the status quo of China’s technical interpretation of the technical investigation measures specific investigation measures applicable in China. Also with the old Code of Criminal Procedure provides technical investigation measures, extraterritorial typical national technical investigation measures to make a comparison, noting that both of our country can learn from and make recommendations for the improvement of technical investigation measures.