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Research On The Range Of Case Of Technical Investigation

Posted on:2018-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2346330536475965Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Technical measures for cases related to the determination of the scope of application of technical investigation has a specific legal basis,instead of relying on extrajudicial powers to solve,can also limit the technical investigation measures applied in the investigation,investigative techniques to prevent them from becoming the norm.Judging from the present legislation and practice,lack of clear legislation defining standards and unclear scope of cases led to confusion in the application of the fuzzy,plus set of fallback provisions for extension of the scope of the case left a space,sector regulations,as well as the unauthorized operation of judicial interpretation is further aggravated by the technical investigation measures applicable scope for abuse.From practice,has made it clear the technical investigation measures in the criminal law applicable under the scope of the case,due to the absence of monitoring mechanisms and the lack of redress,technical investigation measures applicable have been artificially expanded the scope of the case as well as abused.Based on this,from the analysis of the technical investigation measures applicable scope based on the history and current situation of,and learning from the foreign system settings,to perfect our own technical investigation measures applicable scope of legislative proposals,to reiterate the technical investigation measures applicable scope of legislation of significant value.In particular,the technical investigation measures applicable scope needs to be based on the principle of felony defined standards,and clarify the application of existing legal understanding errors in the case,changing rules and judicial interpretation as an alternative legislative situation.Concrete construction of supervision and sanctions programs,strictly limit the applicable scope of the border and prevent the extension of application scope in practice,of citizens ' fundamental rights derogated from.
Keywords/Search Tags:Technical investigation measures, Applicable scope, Principles of felony, Protection of the rights
PDF Full Text Request
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