Suggestions On Perfecting The Technical Investigation Measures Of China

With the quickening pace of social transformation in China, the criminal amount rises day by day, and the crime presents the trend of increasingly complicated and intelligent. The situation leads to the result that the traditional investigation methods can’t meet to the needs of the crime, and the technical investigation measures are more and more frequently used in combat criminal. Technical investigation, however, is a double-edged sword. It can conducive to solve high-tech, intelligent and strong concealment of criminal cases, and it also easy to violate the privacy rights of citizens and other public interest. On March 14,2012, "the Criminal Procedural Law" amendment are passed in our country, adding the new "technical investigation measures", the same year issued by the public security organ for criminal case program regulations also increase corresponding content, the public security organ for criminal cases all aspects of the technical investigation measures has carried on the detailed provisions, and it ends the embarrassed situation that the technical investigation depend on rely solely on policy. The technical investigation from now on step to the front stage, and begins the process of rule by law. Laws and regulations of technical investigation, draw lessons from the extraterritorial legislation thought and basic principle, technical investigation on the application of the technical investigation case scope, examination and approval procedures and the use of the evidence material aspects such as the principle regulation, although has set up a basic legal framework for the technical investigation measures in our country, but there are obvious flaws: first, the technical investigation measures in our country is not in conformity wfth the procedures legal principles of examination and approval; Second, there is no technical investigation supervision mechanism; Third, the use of technical investigation evidence needs to be standardized; Fourth, there is no relief program of the technical investigation measures. By studying the technical investigation measures outside of legislation, the United States, Britain and Germany made special provision to technical investigation measures, including the applicable scope of case, execution, supervision and relief, with the following characteristics:first, the examination and approval procedures are strict, second, the relief way is of full specification, third, the monitor is various. It should be conducted in the following areas in China, (a) Clear the multi-level internal system of examination and approval. In the judicial practice in our country, multistage internal examination is a necessary procedure before the technical investigation, and there are strict procedures, the current and existing practices should be explicitly stipulated in the law, So as to realize the open and transparent of program; (b) Increase the legal supervision mechanism. We should adhere to the internal supervision and external supervision mode, First of all, should build "human supervision, system supervision, technical supervision" combined with the internal law enforcement supervision mechanism, on the other hand gradually transition to the procuratorial organs supervise mode; (c) Improve the system of technical investigation of evidence; (d) Increase the relief program. On the one hand, clear investigation organ obligation, on the other hand, increase the rights of citizens.