Research On The Protection Of Privacy During Technichal Investigation

The Criminal Procedure Law of PRC revised in 2012 was added with the special chapter to regulate technical investigation measures,including time limit,scope of application,duty of confidentiality and safekeeping of relevant materials.The law promotes legislation of investigation procedure and protects human rights while punishing crimes,which is an impro-vement of rule of law in our country.But the law does not protect citizen privacy rights efficiently because of lacking of remedy mechanism,supervision mechanism,and loose regulation on time limit,scope of application,etc.Legislators should recognize these problems and find the contradictions to make improvement and changes on the law.So in order to guide legislation on technical investigation,this paper will provide some suggestions to improve our country's technical investigation procedure through introducing foreign countries practices on protecting privacy during technical investigation process.The paper includes the following four parts:In the part ?,firstly,the ahthor presents the concept of technical investigation,define its scope and analyze its characters and necessity.Secondly,the ahthor presents the concept of privacy rights.At last,the ahthor analyzes the relationship between technical investigation and citizen's privacy and the impact of technical investigation on citizen's privacy.In the part ?,the paper analyzes our country's legislation status quo about protecting privacy during technical investigation process,including progress and shortage in the legislation.The paper explores some problems existing in the implementation of technical investigation,such as loose regulation on the time limit and scope of application,Jack of effective supervision and remedy mechanism.In the part ??the paper study the foreign countries' legislation on protecting privacy during technical investigation process through comparison method,from time limit of technical investigation,its scope,supervision mechanism to citizen's remedy mechanism.We can learn more beneficial experiences from these countries legislation practices.In the part ?,in order to strengthen legislation on technical investigation to protect citizen's privacy,the paper put forward four suggestions which include strict legal regulation on the time limit and scope of technical investigation,setting up effective supervision and remedy mechanism.