Study On Conflict And Balance Between Technical Investigation Power And Human Rights Protection

With the development of science and technology, technical investigative techniques have become more diversified and sophisticated. Obviously, new technology is better in the sense of combating organized crime, covert crime. Thus, the use of technical investigative techniques, particularly in high-tech crime, job-related crimes, drug-related crimes and others, will essential. However, technical investigative techniques have broader and more intense influence on the objects. The legal rights of criminal suspects might also be significantly dangerous. The new Code of Criminal Procedure 2012 adds a special section technical investigation measures, including its application subject, object, condition, confidentiality obligations. However, there are still acute conflict between public authority and the legitimate rights of the suspects in practice because the provision is general and abstract. The thesis discusses different types of specific technical investigation measures from the perspective of the protection of suspects, to further strengthen the oversight on the technical investigation. Finally, the thesis makes the recommendations on this basis, which is deepening the spirits of the Eighth session of the Fourth Plenary, in order to implement the rule of law.The conflict between the authority to investigate and the rights of the suspect in nature is how to define the boundaries of public powers. In order to detect crime, necessary technical investigation measures are an exception to our constitutional guarantees of fundamental rights. It is legitimate and necessary. However, technical investigative techniques over the extent necessary will be in violation of the rule of law. It becomes a tort. Therefore, the specification technical investigation behavior is necessary to test the concept of the rule of law and the implementation of the protection of human rights. Provisions on this issue at the existing legal provisions are still inadequate, and should be further studied.The thesis will first analyze the concept of the technical investigation, and then study major violations on the suspects in the implementation process of technical investigation measures. On this basis, the thesis analyzes the different situations, in which technical investigative techniques violate the legitimate rights of criminal suspects and others. Then, the thesis suggests that implement investigative measures should comply with the basic principles and norms. In the same time, the thesis thinks the evidence obtained by technical investigation measures shall be checked in details. In this way, suspects can resorts to the effective remedies and petition. Finally, the advanced experience of other countries in the base specification of the technical investigation measures, put forward a sound proposal in the technical investigation of criminal suspects the right to security.