The Legislative Prospect Of Perfecting The Legal System Of Technical Investigation In China

As a detection measure combined with modem technology,technical investigation has powerful advantage in accurately fighting against crimes,improving investigation effectiveness,obtaining evidences of concealed crimes and discovering clues of secret crimes,which has been an indispensable investigation measure in modern criminal proceedings.In China,the Criminal Procedure Law amended in 2012 added the section eight---Technical Investigation Measures in Chapter Two to stipulate the technical investigation measures.The amendment has successfully made up the legislative blanks of technical investigation measures in China and perfected the investigation measure system,which has exerted far-reaching influence on promoting the legalization process of criminal procedure in our country.However,the New Criminal Procedure Law only provides some principle provisions of technical investigation,and does not clarify the basic issues such as the connotation and denotation of technical investigation measure.Provisions in applicable scope of technical measures,procedures of examination and approval,supervisory relief and evidence application are relatively simple.In academic,divergence in perception and differences in understanding still exists.There is room for legislative improvement and needs to be further perfected.This paper analyzes and discusses the legislative improvement of Chinese technical investigation system.Chapter one expounds the basic issues of technical investigation measures.By comparing relevant theories in technical investigation measures,I try to properly define the concept of technical investigation measure and analyze its characteristics and classification.Chapter two is the survey and rethinking in technical investigation measures from the point of legislation,which points out the legislative deficiencies by interpreting the legislation of technical investigation measures in the New Criminal Procedure Law.Chapter three is a comparative study of legislation in technical investigation.It relatively sorts out the legislative provisions of technical investigation measures in continental legal system(represented by France and Germany)and American legal system(represented by UK and US),and analyze from the legislative models,investigation procedures and evidence system.By comparing to the current regulation of technical investigation measure in China,it concludes the legislative deficiencies of technical investigation measures in our country.Chapter four is the legislative improvement of technical investigation measures.It suggests standardizing and perfecting technical investigation measures from legislative models,scope of application,approval procedures,supervisory relief and evidence application,so as to further enhance the level of our country's democratic legal system and better implement technical investigation measures'function in fighting against criminal offense.