New Textual Research On Principle Of Sentencing Guiding

As the advancement of technology and the rapid development of social information, the organization of crime becomes tighter and more intelligent, and the number of transnational crime and organized crime is growing, also there emerges new forms of crime and new criminal means, making detection unprecedented increase the workload of authorities. Traditional investigative measures appeared to be inadequate to discovery of the crime, to identify the facts of the crime and to obtain evidence of a crime. Thie development of times which is not consistent with the existing system is the norm of society, and this difference is inextricably linked with the overall level of development of various countries, the more rapidly developing countries, the more challenges when facing the more enormous. This is a serious challenge to criminal justice, also it is the rule of law around the world to process enormous challenges.In the above context, a variety of new investigative methods continue to emerge, technical investigation is one of them, highly technical investigation "technical" made it a kind of mystery. As a new policing method against the special crimes in the modern countries, the practical necessity and human rights protection of the underwear policing have always been the focus of the policing theory and Legislative work. The so-called necessity means although technical investigation is a new investigative techniques, but its emergence and development is an unstoppable trend, it must be received adequate attention; which the more important thing is the technology of human rights during the investigation issues, human rights has been the subject of most concern society as a whole, because it leads to a possible deprivation or restriction of personal freedom,human rights among technical investigation is more research and discussion of values.In order to combat crimes effectively and to improve the detection efficiency, the investigation organ tends to use technical investigative measures extensively. However, the lack of regulation of our existing laws brings about the "streaking" use of technical investigation in the legal system.Especially in job-related crimes, as the main body of the investigation of crimes, the procuratorial organs had not been explicitly given technical powers for investigation, which is very unfavorable for today’s society to the detection of crimes. Legislative oversight will inevitably leads to the problem of misuse and infringement of civil rights in practice, also, it will runs counter to maintain normal social order and the law, and as the safeguard of social stability. Abuse of technology investigation is incompatible with the international environment which the protection of the rights is increasingly important.On the occasion of the modification of Criminal Procedure, legislative and judiciary in the content of the new law are involved in the technical aspects of the investigation judge, understanding and application of the stage, which for technical investigation of exploration and research system is an opportunity, but also a challenge. We need to strengthen the theoretical study of the technical investigation by learning the using of extra-territorial investigation and combining with China’s actual conditions, it is significant for full playing of the unique role of the technical investigation and very important to the protection of citizens’ legitimate rights and interests.