Research On The Technical Investigation System

On march 14,2012,the Fifth Session of the 11th National People’s Congress of the People’s Republic of China adopted the amendment on criminal procedure law of People’s Republic of China.A new section which is about technical investigation was added to the chapter 2,investigation. From now on,the criminal investigation system initiate a new period of development because for the first time the technical investigation is defined in the criminal procedure law. However,the legislation of the law is too simple to be accurately applied.the technical investigation shall be perfected in the future juridical practice.This article wrote based on the legislative practice of china while using the method of comparison. The author analysis the technical investigation of china on the basis of reference of the advanced experience of the representative countries of civil law and common law.Furthermore,this article Put forward a perfect suggestion on the defect of the technical investigation.The first chapter mainly analysis the geneal theory of technical investigation system from four parts. At first,this chapter introduce the concept of the technical investigation and compare it with related concepts. Secondly,describe the different development periods and characteristics of the technical investigation system.At last,explain the value of the technical investigation system from three aspects.The second chapter is about extraterritorial inspection of the technical investigation system.This part mainly introduce the the technical investigation system from two levels.Firstly, the level of international law which analysis the major related international treaty.Secondly,the level of representative counties of civil law and common law. The author compare the different aspects of various countries from longitudinal and conclude the similarity of technical investigation system.The third chapter is the introduction on technical investigation system of People’s Republic of China.The author first introduce the specific legislative provisions of technical investigation system,including the kinds of technical investigation, applicab-le object and period.examination and approval procedure.the relief of right and the use of evidence. And then,the paper also analysis the defect of the technical investigation system of our country.The fourth chapter is perfect suggestion of the technical investigation system.This part wrote from two levels.The first aspect is the basic principle that shall be abide by when perfect the technical investigation system.The second aspect is the specific perfect proposal on the technical investigation system.