Theory Of Human Rights Protection Of Technical Investigation In Our Country

The investigation departments have been given the authority to apply technical investigation by the new revised Criminal Procedure Law since 2012. Being having natural infringement, technical investigation is more easy to infringe citizens’ rights than other traditional detection measures. Due to this point, the government should strictly limit the application procedure and scope of application of technical investigation legally for preventing human rights from illegal intervention. This paper aims to puts forward suggestions of Improving human rights protection system of technical investigation after In-depth analysis of the existing legislative problems of technical investigation in our country.The concept and effect on human rights of technical investigation are discussed in the first chapter. Through the comparation of the explanation of technical investigation form two aspects of legislation and theory, a newly rational knowledge was made in favor of defining its nature and preventing its abuse.In the second chapter, human rights protection system of technical investigation was studied. After comparing related legal systems abroad from legislative pattern, restriction mechanism, rights protection and operational frequency, essons of successes and stumbles are learned to improve human rights safeguard system of technical investigation in our country.In the third section, the current sitation of human rights protection of technical investigation in our country was investigated. On the one hand, the achievements of human rights protection of technical investigation in nowaday legislation in our country were affirmed. On the other hand, the insufficients were raised, including lack of privacy protection, ambiguous species of technical investigation measures, disabled substantive limitations, unclear process control and unknown remedy approach of tort.Suggestions of improving human rights protection system of technical investigation in our country were put forward in the final chapter. The main contents were listed as below:defining the basic principles of technical investigation and protection privacy rights, strict control measures of technical investigation procedure, giving the relative person the rights (such as right to learn the truth, right of just claim, and the like)against illegal violations and perfecting judicial relief system.In this paper, effective regulation methods of technical investigation were presented through the above discussion to make sure that technical investigation fight against crime and safeguard human rights simultaneously.