Deficiencies And Improvement In The Legal System Of Technical Investigation Measures

The criminal procedure law which was revised in 2013 clarifying the system of technical investigation measures for the first time.The establishment of the system is one of the biggest highlight in this revision.The secret technical investigation measures in reality were clearly defined in the criminal procedure law,who lacks of maneuverability,can not meet the needs of the reality.The technical investigation measure which is into law before and after at home and abroad to implementation will be analyzed,objective evaluation on the current legislation of technical investigation measure in our country,the implementation of the defects of present situation,and puts forward how to amend the proposal.In addition to the introduction and conclusion,this article is divided into four parts.Overview of technical investigation measures comes first.This paper mainly introduces the concept,content,features and functions of technical investigation measures.Second is the status and defects of the legislation of technical investigation measures.This part will analyze the current technical investigation system and introduce its main defects.That the existing legislation to break through the upper level law,the principle of the legislative content is strong,the implementation of the principle is not complete,the examination and approval model is unreasonable and other defects,as well as the lack of supporting systems and other issues.And then,the investigation of the legal system of the foreign technical investigation measures.Take Germany,France,Britain and the United States as the representative,analyzing the technical investigation system between continental legal system and Anglo-American legal system,and introducing a more mature and advanced technical investigation system.Lastly,suggestion to improve the legal system of technical investigation measures in our Country.It should improve legislation firstly,to supplement and correct defects,to adapt to the practice needs,to provide a complete legal guarantee for the implementation of the measures of technical investigation;second,to improve the supporting systems,to effectively control the risk in the implementation of the measures of technical investigation,to provide a sound institutional guarantee for the implementation of the measures of technical investigation.