Considerations Of Our Technical Investigation Measures Legislation

With high intelligence crime, secretive development,the traditional investigative techniques faces enormous challenges in the detection of some cases, the secret technical investigative measures, technical features make it blow concealed, highly intelligent type of crime in play a more unique role than conventional investigative techniques, but it has the infringement, but also makes it easy to be mandatory abuse, countries have adopted legislative measures from its strict substantive and procedural norms.Research in the field of technical investigation to define the concept of technical investigation is an important part of the present study, the correct definition of the concept of technical investigation, clarify technical investigation connotation and denotation, summarize the characteristics of technical investigation, analyzing technical investigative measures and secret investigation measures, technical investigation the difference between the measures and the general sense of the criminal investigation techniques, technical investigative measures to achieve the prerequisite and basis for the rule,of law.Technical investigation measures are gradual ly diversifying with the crime, the investigating authorities and investigative methods constantly updated, and the rise of social restructuring, and will continue to occur with the development of new social changes, understanding of this development, it is possible to improve the relevant legislative proposals to provide regular guidance.The technical investigation measures into law reflects the balance value of the criminal proceedings to punish crime and protection of human rights, but also a tremendous progress in our previous revised Criminal Procedure Law, but "technical investigation" there are legislative provisions applicable scope of the case and the applicable conditions broad species is not clear, approval institut ionally flawed, measures the investigation period is not clear, the lack of third-party oversight, the right to relief system missing, evidence of unreasonable use the program in the future lack of maneuverability in the specific implementation process, easily lead implement confusion, abuse. By analyzing the foreign investigative measures on technical scope of the case, the applicable conditions, approval procedures, the use of evidence legislative situation, absorb foreign technology and reasonable investigative measures part system, the legislative content of the technical investigation measures to improve our country, our technical investigative measures proposed to improve the conditions of the applicable, scope, clear type, duration and frequency of applicable strengthen supervision, the right to relief program, evidence outside material verification procedures and other court opinions and suggestions in order to achieve better control of crime, protection of human rights, limit the value of the target of public power.