On The Legal Situation And The Possible Solutions Of Technical Investigation Of China’s Procuratorial Organs

In the current severe situation of duty crime, the investigation of dutycrime by procuratorial organs is behindhand and difficult.Therefore, entry intoforce of the "Criminal Procedure Law" in2013expressly gives procuratorialorgans the right of technical investigation on corresponding crime. It notonly realizes the legislative regulation of technical investigation, but also isthe legal mark of technical investigation. However, in legal regulation andjudicial practice, urgent problems exist in technical investigation ofprocuratorial organ in our country. For example, the implementation of themain is unknown, the execution procedure and supervision procedure lack thecorresponding stipulation... In this regard, around technical investigation oflegal provisions and judicial practice, learning from the practice of foreigncountries, considering China’s current reality, the author launches theelaboration from the technical investigation body, combined with the legalsituation of technical investigation and the presen situation of duty crime,through the analysis of the operation process of actual situation of technicalinvestigation,the author points out why the full current technology can notadapt to the duty crime investigation of the situation, and tries to point out thecorresponding solutions: Based on the protection of human rights, theprocuratorial organs r expands technical investigation around human whoabuses powe. In order to regulate and constraint the power of technicalinvestigation, we should establish the corresponding internal and external supervision mechanism from the trial. In the external trial, it not only requireslegitimate operation of technical investigation, but also regulates the act ofinvestigation to prevent lawbreaking. In internal trial, it judges trial valuewithin the technical investigation,denies the litigation significance of illegalacquiring evidence and regulates the investigation results, in order to fullyguarantee the procedural value of procuratorial organs of technicalinvestigation.