Research On Technical Investigation Measures

Technical investigation measures as a new, special, effective means of detection, is frequently used in the current criminal investigation. Because it can enhance the ability to detect crime, in order to effectively combat crime, maintain social stability. However, the use of technical investigation measures is likely to damage the basic human rights of citizens. Therefore, many countries in the world have adopted a cautious attitude of the legislation, the legal regulation of technical investigation measure, the punishment of crime and protection of human rights in order to seek the balance between. Our newly revised "law of criminal procedure" first in plaintext form the technical investigation measures include in the regulation, which makes the technical investigation measures formally entered the legal track in. The legalization of technical investigation measures consistent with the criminal investigation procedure of statutory requirements, can effectively curb the abuse "outside the law investigation". However, due to the new "criminal procedural law" the technical investigation measures are for the first time, inevitable shortcomings of legislative technology and experience in legislation and other aspects of the legal regulation of technical investigation measure, some problems still exist..For example, without the concept and the types of technical investigation measures stipulated; provisions applicable conditions of technical investigation measures and scope of application not detail the provisions of applicable procedures; technical investigation measures are too general; lack of abuse of technical investigation measures of sanctions; the lack of remedies applicable object provisions. In the judicial practice of our country, the use of technical investigation measure is still a lack of clear evidence, violations of human rights occur frequently, in short, there are still many problems. Therefore, we need to reflect on the current situation of legislation in our country at the same time, learn from the advanced systems of other countries, the relevant legislation so as to better improve the regulation of technical investigation measure, make our country in the criminal judicial practice better use the technical investigation measures.The main problem in this paper by analyzing the measures of technical investigation in our country situation, the status quo and the existing reference, comparison of legal regulation of technical investigation measure in the western countries under the rule of law, legal regulation so as to get the measures of technical investigation in our country there are still many irregularities of the conclusion, and for the future of China’s technical investigation measures put forward opinions on the rule of law construction and the suggestion, the effective punishment of crime, safeguard the legal rights of citizens, promoting the construction of socialist rule of law in China, has important practical significance.