Research On The Protection Of Human Rights In The Application Of Criminal Technology Investigation

With the rapid development of science, technology and social economy. A variety of criminal cases with technicalization, organization and complication and has a strong anti reconnaissance capability such as drug-related crimes and terrorism crimes which occur frequently. But the traditional detection methods are often overwhelmed when dealing with such cases.To be an investigative measure under the updated situation, the criminal technical investigation(hereinafter referred to as technical investigation)has the characteristics of technicalization and confidentiality, and it presents a higher efficiency that is not contained by the traditional investigative measure. So it arouses more and more attention all over the world and widely used in the field of modern criminal investigation.However, due to the characteristic of high confidentiality, the feature of natural expansively and the function of infinite permeation, this public authority not only can approach the field of citizen privacy easily but also can much easier break into people’s secret life unconsciously. This is harmful to the fundamental rights of citizens.Therefore, our country brings technical investigation into the 《 Criminal procedure law》officially and defined clearly when revised this law in 2012. It makes a specific regulation in objects, conditions, time limit and material evidence’s validity of application by the four provisions: 148,149,150,152 respectively. We have to say this is an important turning point in the legalized progress of technical investigation.But based on the practice of utilization, and compared with other countries which have an effective regulatory method in the implementation process that can provides consideration and protection to the basic rights of relative persons. We are still in the exploration stage of technical investigation’s standardization, and there are lots of improvements should be done in the protection of human rights.By analyzing the real reasons of conflict between the utilization of criminal technical investigation and the protection of human rights, and learning from other countries that how to protect human rights efficiently in the applying process of technical investigation. This article submits a proposal about how to standardize the application of technical investigation according to our national conditions. This proposal not only aims to making technical investigation provides a better service to criminal investigation activities, but also reducing negative effect of violating human rights caused by the application of technical investigation.