The Problems And Countermeasures Of Technical Investigation In Public Security Organs

In order to effectively combat certain criminal crimes,the public security organs have to use technical investigation measures,once the use of technical investigation measures,will inevitably be against human rights,especially privacy,how to balance the conflict has become a technical investigation measures the key to legal regulation problem.For a long time,the public security organs technical investigation measures were free from the law,relying on the policy to carry out secret investigation activities.After the revision of the Criminal Procedure Law in 2012,the technical investigation measures entered the track of the rule of law,from "behind the scenes" to "Taiwan ",but also the problems will be exposed.The first part of the paper is an overview of the technical investigation of the public security organs.The theoretical circles of the technical investigation is not accurate,so this part will clarify the connotation of public security technology investigation on the basis of extension,and then the development of its rule of law to trace the source.The second part of the paper is to introduce the problems,hazards and causes of the application of technical investigation measures in public security organs.Criminal law has been included in the scope of adjustment of technical investigation,but the provisions of the principle is too "there is a" serious "," significant "and other ambiguous terms.The public security organs in the application of technical investigation measures to expand the interpretation of the technical and technical measures in violation of the principle of felony and the principle of necessity,will inevitably on the constitutional law,human rights protection and other aspects of conflict and harm.The main reason is that these aspects: the rule of law started late,the lower level of rule of law led to the technical investigation into the legal adjustment of the time is not long,the initial legislation is too thick,the legal regulation is imperfect;the traditional history of technological investigation caused a high degree of centralized detection of technology,But also under the influence of our authoritarianism investigation mode,the internal examination and approval of public security technology investigation,judicial review and supervision mechanism is difficult to be implemented;because of the need of realistic struggle and the need of supervision and supervision of public security,Technical investigation measures to combat the high efficiency of crime,public security organs from the approval of technology,to the supervision of self-contained,highly closed to the outside world.The third part of the thesis is a comparative study of extraterritorial legislation and practice.Mainly on the United States,Germany,and Japan,three representative countries of the technical investigation measures to control the legislative model.Although the laws of different countries are different,different national conditions,the use of technical investigation measures are different forms of expression,the legislative control system also has its own characteristics,but are in the prevention of excessive power to lead to abuse of power and protect the legitimate rights of citizens The principle of non-infringement,with clear legislation,strict procedures and adequate relief to limit the exercise of the right to detect technology.The study of foreign related systems,found that the length of its strengths and weaknesses,contribute to our reasonable absorption of advanced experience.The fourth part of the paper is the reform and improvement of public security technology investigation.Mainly from the previously discussed issues combined with the relevant experience outside the field of reference,focusing on strict regulation of technical investigation measures applicable to the scope and conditions,from legislation,practice,supervision to the public security technical departments to build their own recommendations and so on.In short,it is necessary to strictly limit the scope and duration of the technical investigation measures of the public security organs,distinguish the applicable measures,improve the application conditions,strengthen supervision,improve the legislation,and finally reach the goal of coordinated development of human rights protection.