Research On Distribution Of Technical Investigation Power

In2012the new China amendment to the Criminal Procedural Law in second parts withsecond chapters devoted to increasing the section on "technical investigation measures", thatmarks the technical investigation measures is further into the legal orbit,believed that with thefurther advance the cause of construction of rule of law in China, the legislation of technicalinvestigation measures will be more perfect.Although the Amendment to the CriminalProcedural Law limit technical investigation measures, but there are still many imperfectplaces, such as the police organs have both decision-making power and executive power oftechnical investigation measures, whether the procuratorial organs should have executivepower of technical investigation measures.this paper tries to discuss the configuration oftechnical investigation power through three aspects of the main settings,,the division ofauthority, and the supervision system, at the same time to learn from the law of foreignconfiguration of technical investigation power.In the process of writing this article, the author uses several methods of writing includingcomparative research method, theory with practice method, induction and deduction method.The text is divided into five parts, about thirty thousand words.The first part is an overview of configuration of technical investigation power, discussesthe basic issues of configuration of technical investigation power.On the one hand,this partdiscusses the concept, the characteristics, the types of technical investigationand thedifference from secret investigation.On the other hand,it discusses the concept and content ofconfiguration of technical investigation power,and points out that the content include threeaspects of the ownershipr, the authority and the supervision system.The second part is the law of foreign configuration of technical investigation power.First,it discusses the law of configuration of technical investigation power from German andFrench two typical countries in continental law system.Then, it discusses the law ofconfiguration of technical investigation power from British and America two typical countriesin Anglo American legal system.Finally,it discusses the law of configuration of technicalinvestigation power from Japan and Italy two countries traditionally in continental law system,with reference some rules of Anglo American legal system.The third part is technical investigation authority setting,and mainly discusses twoaspects.On the one hand, the three principles of technical investigation authority setting: the highest organ of state power setting principle, the principle of necessity, the principle ofeffective utilization of resources.On the other hand, it discusses the legal regulations of ourcountry of technical investigation authority setting.The fourth part is the division of technical investigation in our country authority, andanalyzese and concludese in detail on the existence of the police and procuratorial organsinvestigation permissions problems and disputes.It is needed to change that the police organshave both decision-making power and executive power of technical investigationmeasures,and the procuratorial organs examine and approve the applications of technicalinvestigation measures from the police organs is a good solution.The new criminal law noprocuratorial organs investigation executive power caused great controversy, but according toour country’s judicial system and investigation practice, the author support the relevantprovisions of the new criminal procedural law.The fifth part is the supervision of technical investigation power in our country, thissection discusses the supervision system of China technical investigation proper.The authorsuggests to establish rely mainly on procuratorial organs judicial supervision, supervisionsystem of other measures of supervision.