On The Legal Control To The Exercise Of The Echnical Investigation Right

Technical investigation measures as an important investigative measures under the current situation,is widely used in all kinds of criminal investigation activities in cases of great importance to carry out investigation activities.However,after a predetermined perfect contrast in Western countries is not difficult to find the right exercise of the technical investigation of relevant legislation is lagging behind,and their specific rules applicable in the presence of a lower rank legal documents.Pursuit of protection of human rights and improve the efficiency of detection of double the value of the target,China 's Criminal Investigation activities into the technical adjustment range,according to certain rules,to exercise the body,the scope of application conditions,application objects,specific types of application phase,an important part of the approval authority,evidence of ability to make appropriate provisions in order to achieve our technical Legalization.Taking exercise its legal right to control the technical investigation of the perspective of some of the more contentious issues in the core areas of the system are discussed,on the basis of a comprehensive analysis of the sort,and further put forward their views.Firstly describes the basic concepts of the technical investigation of the characteristics of technical investigation measures,the type,and the technical investigation measures and other related concepts were compared.This paper argues that technology has the technical investigation,secret,easy-INFRINGEMENT,mandatory,etc.,for the protection of human rights and punishing crimes,technical investigation measures to prevent abuse,is necessary to improve the legal right to exercise control over the technical investigation.On the basis of this paper,the relevant provisions of law currently Investigation Right,discusses the technical investigation in our legal practice problems and balance the technical investigation and legal interests of citizens' basic rights.And introduced the basic situation of common law countries and civil law countries for technical investigation of legislative norms,further analysis of States on the exercise of the right of investigation techniques legal norms,made broad design of Investigation Right of control exercised by law.During the research in this thesis,I combine actual application from multiple perspectives on technical investigation measures and legal control system,especially the technical investigation revised "Code of Criminal Procedure" established analyzed overcome the previous studies limitations in matter-sided perspective is present,the overall design of the system has a grasp of the macro.At the same time they learn research methods and foreign research results and summarize the successful experience of foreign countries,legal control of the technical investigation right to exercise systematic and in-depth discussion,pointed out the exercise of the right to respect existing technical investigation of the problem,and of technical investigation further improve the system put forward useful suggestions.