Research On The Regulation Of Criminal Technology Investigation Measures In China

The criminal technical investigation measure is a "double-edged sword",which can not only provide effective means for detecting cases and fighting against crimes,but also infringe the rights of the parties,even affect the stability of the entire civil society which already has precedent.As the modern country under the rule of law,China should adhere to the basic principles of the restriction of power and protection of rights in criminal judicial system,especially that our country which has the tradition of "severe punishment doctrine" and "investigation facilitation doctrine",it's especially important to restrict the power of investigation particular the technical investigation measures.Although China's criminal procedure law has special section stipulating the technical investigation measures,it's too principal and vague,the relevant judicial interpretations made no specific regulations,neither.The regulations of scope,procedure and consequence of the technical investigation measure are not complete,the regulations of protecting the parties' rights are absent,the comprehensive technical investigation system has not formed,the regulations of the use and operation of the technical investigation measure are not in place,all these result to the unfavorable situation including the investigation power is not circumscribed and the rights of the relevant party are not effectively protected.So it is necessary to conduct further study,so as to fill the gap of regulations of technical investigation measures.This presentation focus on improving and perfecting of the technical investigation legislation,analyzing the problems in the existing rules and practice,establishing the relatively comprehensive system,it concludes three parts.The first part compares and analyzes the legislation and relevant theoretical research between home and abroad,clarifying the concept of technical investigation measures,elaborating the characteristics of technical investigation from the confidential,technical,mandatory,straightforward and other aspects,and then discussing the classification on this basis.The second part comments the criminal technical system in our country,combining the legislation,judicial practice and theoretical research from home and abroad,reviewing the main problems existing in technical investigation from the condition,scope,object,operation procedures,supervision of power,protection of the rights and other aspects,pointing out the unreasonable and vacant content of the technical investigation.The third part brings forward the due process theory and the principle of specialty which must be implemented from the angle of systematic design regulation,and then offers targeted proposals from the approval procedure,supervision mechanism,evidence applying,rights relief and other aspects,proposing the operative regulation design to both substantive and procedural issues,especially elaborating and devising the system relating to the protection of the parties' rights from the angle of restricting power by power,looking forward to providing the reference of establishing the perfect technical investigation regulation in our future criminal procedure legislation.