Solutions Of The Conflict Between Technical Investigation And Privacy Protection

The 2012 revision of the "criminal procedure law" use four articles to regulate the scope of application of technical investigation measures,the approval procedures,the implementation period,the obligation of confidentiality,the use of evidence,and so on.Then reveal the blank page of our country's legal regulations for technical investigation,and also attracted many scholars put their minds on this research.However,before the criminal procedure law makes clear regulation on technical investigation,it is no secret that technical investigation was used in investigation system just like police system and procuratorial system.The use of surveillance camera,secretly recording,communications control is benefit to find out the criminal facts,improve the efficiency of detection and to crack down serious criminal crimes.ON the good side the use of technical investigation maintain social stability,On the bad side the ordinary people begin to concern about the abuse of it,especially their privacy area be invaded without self-known.The conflict of power and right is essential,and the imperfect laws and regulations intensified the conflict.In order to solve this problem,We can draw lessons from the advanced experience of mature countries and regions.Including regulate the use of technical investigation from both procedural way and substantive way.What's more important is the right of procedural defense,the right of necessity examination on technical investigation and the right for the recovery of damages endowed by law.Then we can lead the relationship between technical investigation and protection of privacy from conflict to balance.