On The Improvement Of Technical Investigation System

Compared with traditional investigative methods, technical investigation due to have technological, privacy, and other characteristics, determine that it has a unique advantage in terms of detection of difficult cases. But technical investigation is also a "double-edged sword", it plays an irreplaceable role when properly used for the timely detection of crime, identified the suspects, gather evidence of a crime, the punishment of crime。Conversely, if the technical investigation used improperly, could infringe citizens. Therefore, most countries in the world develop special laws for standardized technical investigation, in order to give a strict technical control of the investigation. January 1, 2013 implementation of the "People’s Republic of China Criminal Procedure Law" define technical investigation, brings the technical investigation in law orbit. However, legislation for the technical investigation is a general principle, resulting in judicial practice operability is not strong. This article attempts to explain the technical investigation on the basis of the general theory, learn from foreign advanced legislative experience, analysis legislative problem, to make some advice for improving our technical Investigation System.This article consists of four section:The first section, the basic theory of technical investigation. Mainly introduces the feature and concepts of technical investigation, analyse the type of technical investigation, elaborated fair value and benefits worth of the technical investigationThe second section, overseas technical investigation system inspection. Mainly on the United States, Britain, Germany, France, Japan and the technical investigation system, on the basis of comparative analysis, pointed out that foreign technical investigation legislative reference to China.The third section analyzes the legislative status of technical investigation of legislation, pointing out the main problems existing in China:the scope is not uniform, the application deadline is unreasonable, the applicable period is too elastic, the rights of victims relief system is imperfect and other circumstances.The fourth section, made a perfect system of technical investigation legislative proposals. Mainly from the clear technical scope of the investigation, a sound technical investigation approval process, limited technical investigation of the applicable time limit, the establishment of monitoring mechanisms and technical investigation of illegal sanctions regime, to give relief to the victims of illegal technical investigation right, the correct specification using evidence to improve seven areas Jizhen our technical investigation legislation.