Research On The Application And Supervision Of Technical Investigation Measures

With the era of progress of science and technology updates, increase in the proportion of criminal in the field of crime, high-tech crime, organized crime, terrorism crime, the investigation organ in the fight against crime and the protection of human rights, faced with tremendous pressure. As to adapt to the current needs of criminal investigation of a kind of new crime investigation means, measures of technical investigation in combat with sophisticated, high-tech and intelligent new types of crime play traditional investigative means incomparable advantages. Throughout the extra territorial rule of law in advanced countries, pay attention to the use of means of criminal investigation technology, and has formed the perfect system of technical investigation, from the legislation the application of technical investigation measures to strictly regulate, also formed a line with the national conditions of the scientific supervision mechanism. Measures of technical investigation, is refers to the investigation organ will be high-tech reconnaissance means applied to the particular case, for the facts of the crime investigation and collecting evidence, and eventually tracked down the suspect and take a series of special investigative measures. Compared with the traditional means of investigation, technical investigation measures has many characteristics, such as the scope of the implementation of specific, the implementation of secret and technology, application of strict and implementation process of the persistence. Therefore, measures of technical investigation in effectively combating crimes at the same time, the special will also lead tc many serious consequences, if not to actually giving to strictly regulate and supervise, it is difficult to avoid arbitrary use or even abuse behavior, will inevitably lead to the investigation object of fundamental rights are infringed, and lack of effective when personnel rights remedies, resulting in the rights subject to violation of the relevant parties to adults, obviously, this with the criminal procedure law of our country according to the law to protect the human rights of the basic principles of contrary.In 2012, the criminal procedural law of our country were modified made special provisions on "technical investigation measures", which in a certain extent, to fill the blank for the legislation of the measures of technical investigation in our country, laws and regulations involving its use and implementation of the main, case applicable scope and conditions, deadlines, procedures and other content, legalization of technical investigation measures in our country by five legal provisions, reflecting the use of technical investigation in strict norms. However, the new "Criminal Procedure Law" for the first time on the "technical investigation measures" to make a special provision, even if the introduction of judicial interpretation, but still some limitations in terms of legal provisions, for example, the lack of technical investigation measure definition, not listed in the law of technical investigation measure of specific kinds, of the applicable conditions, scope of the case and the application program, provision is too general, is the lack of effective external supervision and restriction mechanism, it is difficult to guarantee technical investigatory power independently in accordance with the law to use, but also deviates from the measures of technical investigation in our country to set up the original intention, it is difficult to reflect the progress of a society under the rule of law. Due to the development of the times and the progress of the rule of law, any law can not be perfect, it is difficult to fully meet the practical needs of the judicial practice. Therefore, this paper under the background, technical investigation measures for the full text of the study, mainly from two aspects of technical investigation measures of "use" and "supervision" as the core content, through the elaboration of the progress and limitation of current our country technical investigation system and combination of foreign advanced on behalf of the state of the system, the status quo, from legislation and practice and learn from foreign advanced experience, focuses on relevant recommendations to improve China’s technical investigation measures used and supervision mechanism.This paper is divided into five parts:The first part is the basic theory of technical investigation. First, it introduces the background of the concept of technical investigation, analyzes the necessity of establishing the technical investigation measures and the types and characteristics of the current technical investigation measures.The second part, introduces the measures of technical investigation in our country’s existing legal provisions and application, from application and executive subject, suitable case scope, the application procedures and deadlines, received the use of materials and restrictions, and rights remedy procedure of, respectively, introduced the existing legal provisions of the content, progress limitations.The third part, the status and effect of supervision of technical investigation measures, introduces the necessity of supervision of the use of technical investigation measures, as well as the existing supervision model and the effect of interpretation.The fourth part reviews the major foreign national technical investigation measures use and supervision, including the United States, Britain, Germany, France and Japan. It is pointed out that the technical investigation of the main countries of the application and the enlightenment to our country supervision.The fifth part, put forward to improve the measures of technical investigation application and supervision countermeasures using, mainly including:to broaden the main body of the implementation of the measures of technical investigation, clear measures of technical investigation of use cases, standardized the use of measures of technical investigation procedures, clear technical investigation measures of use the term, refining technique investigation measures material use and restrictions, improve the rights of respondents relief procedure; supervision, mainly from the aspects of supervisory authority, objects, stages, and the validity carries on..