Dilemma Caused By The Confidentiality Nature Of Technical Investigation And Breakthroughs

The chapter of “technical investigation measures” was supplemented into 2012 edition Criminal Procedure Law amendment,which officially incorporated technical investigation measures into the procedure regulation of criminal proceedings.However,astechnical investigation has remained mysterious for a long time,there are no clear and definitelegal guidance for specific measures and implementation proceduresat legislative level,and there exist disorders and dilemmas of unscrupulous investigation and insufficient supervision relief in judicial level.Current researches on technical investigation mainly focus on rationality and countermeasure suggestions under legislative regulations.This paper plans to explore the confidentiality nature of the source of technical investigation dilemmafrom a new perspectivefor the purpose of benefiting the application of legislative regulation and judicial regulation for the countermeasure study.This paper is composed of four parts:The first chapter is the legal analysis and redefinition of technical investigation.After evaluating and analyzing four representative viewpoints of the relationship between technical investigation and secret investigation,and comparing the superposition and dissimilarity between secret investigation and technical investigation,this paper proposes that the equivalence relations or inclusion relationsbetween both are divided based on special investigation measures paralleling with different characteristics rather than the confidentiality nature as division basis.Even with a certain confidentiality,they are in different degrees of secret hierarchies.Chapter two introduces the litigation dilemma caused by “the confidentiality nature”.This paper mainly analyzes from two aspects: legislative defects and practical dilemma of technical investigation to reveal that the confidentiality-centeredtechnical investigation is the root cause.Chapter three analyzes the causes,risks and values of confidentiality centricity.By revealing the underlying causes behind the confidentiality centricity,this paper has sorted out the conceptual foundation and elimination resistance of its firm existence.Then this paper has analyzed relevant risks,explored its realistic dangers and newly developing hazard tendency,discussed the instrumental value of confidentiality nature and the value conflicts of intrinsic procedures,and then proposed the selection of value.Chapter four explains the breakthroughs of confidentiality nature and litigation conception.By re-evaluating and restricting the scope of confidentiality,this chapter has defined the bottom line of confidentiality and the extent that can be broken.On this basis,this chapter further discusses the procedure regulation of legislationso as to put the litigation conception of technical investigation into practice.