Legal Regulation On The Technical Investigation Of Duty Crimes

As the times goes, more and more crimes committed by intelligence andhigh-technology.How to make full use of the measures of technical investigation to detectcriminal cases has becomes an urgent need for the current situation. Within the rule of law,measures of technical investigation which has secret and aggressive characteristics shouldreflect not only the legitimacy of the program, but also to achieve a balance of technicalvalidity and legitimacy of the investigative measures. It is an established practice to usemeasures of technical investigation to detect duty criminals in many countries and regions.Given the measures of technical investigation may trespass, many countries and regions havepassed laws to regulate it. However, our nation’s measures of technical investigation to detectduty crime are fall behind with the foreign. Legal norms and practice of it is verydisproportionate with the needs of judicial investigative practice, there are many issues thatneed legal regulation. Although the "Criminal Procedure Law of the People’s Republic ofChina" has been issued, and increase the technical investigation measures section, but due tothe law stipulates too principled, there are many problems to be solved. It is a great need toimprove the judicial interpretation of the technical investigation measures as soon as possible.In this paper, begins with the concept and features of technical investigation, combiningpatterns and principles of law extraterritorial crimes investigated technical investigation, thenanalyze the problems of technical investigation of crimes, at the same time learn from foreignlegislative experience, to legislate and innovate the technical investigation of crimes. Thepaper is discussed from four aspects are:Part I: Overview of duty crimes and technical investigation. First, elaborated the conceptof technical investigation and duty crimes, then expound the characteristics of technicalinvestigation.Part II: Investigation of the technical investigation of extraterritorial duty crimes. Explainthe mode and using principles of extraterritorial laws on technical investigation of duty crimes,and understand the relevant regulations and status of the technical investigation of dutycrimes committed abroad. It is very important to learn from the advanced foreign legislativeexperience in technical investigation of duty crimes. Part III: Our nation’s application of technical investigation for duty crimes. This sectionhighlights the problems of technical investigation of duty crimes. Analyse the emerged issuesvarious perspectives, and describes the necessity and legitimacy of technical investigation forduty crimes.Part IV: the perfection for our nation’s technical investigation of duty crimes. Analyzefrom the construction of the legislative process, related measures, monitoring mechanismsand relief programs in order to build system of the technical investigation of duty crimesbetter.