The Technology Of Duty Crime Investigation Legal Issues Research In China

Revised in 2012 of the criminal procedure law gives the technology of duty crime investigation,makes up for the technology of duty crime investigation in the blank of legislation in our country,and it is the need of punishing crime and protecting human rights,is the inevitable requirement of investigation procedure under the rule of law,promote the process of criminal procedure in our country under the rule of law.As a start,the relevant domestic technology of duty crime investigation once again become a hot point of theoretical research,academic circles has the legitimacy of legal theory on how to set up the technology of duty crime investigation,establish its should follow the basic principles,construction technology of duty crime investigation scope,specific procedures and conditions were studied.Therefore,this article from the legislative status quo of the current China's duty crime investigation,by analyzing the new situation of duty crime in our country,comparing the value orientation of legislation at home and abroad,put forward the technology of duty crime investigation of regulation principle,legislative idea,and give the other party reasonable rights relief channels,etc.,as the boundary of the power draw reasonable,in order to achieve the purpose of legislation and practice guidance.The paper conducts research from the following four aspects.The first part,overview and technology of duty crime investigation,respectively from the two concepts,characteristics and technical investigation of duty crime and the new situation the development trend of the analysis of current duty crime in passive detection mode,introduction to the necessity of technical investigation of active investigation mode.The second part,the legislation present situation and evaluation technology of duty crime investigation,then from the legislation evolution and present situation of the technology of duty crime investigation into road,analyzed technical investigation measures from application startup,process implementation,the application and problems existing in the supervision and relief afterwards.Investigation technology of the third part,the duty crime cases abroad,compared to today's world and the technical method of the two law systems use regulation,system analysis of the legislative mode and value orientation,so as to provide some reference for technology of duty crime investigation in our country.The fourth part,perfect legal regulation system for technology of duty crime investigation in China,the establishment of the technology of duty crime investigation in China under the premise of special principles,from the start of duty crime investigation technology review,implementation process,the results of application and puts forward some Suggestions to perfect supervision and relief,etc.