On The Application And Regulation Of Criminal Technical Investigation Measures

The task of investigation includes investigating the criminal cases which have been filed according to the legal procedure,collecting and obtaining evidence to prove the criminal suspects guilty or innocent or prove to the crime to be minor or grave,ascertaining the facts of the crime in time and accurately,seizing the criminal suspects,and taking the necessary and coercive measures according to the specific circumstances in cases to prevent criminals from evading detection,destroying or falsifying evidence or to tally their confessions,etc.,so as to successfully deliver the criminal suspects to the prosecution and trial,ensure the smooth conduct of the litigation and protect the national,collective and civil rights and interests from violation.The investigation procedure is a very important stage in criminal procedure,and also a controversial stage in society.Investigating power has a strong expansion and aggression.The exertion of investigative power is often followed by the infringement of legitimate rights and interests of criminal suspects,participants in criminal procedure,even persons un-involved in the case.In order to achieve the purpose of investigation,the investigative power needs to take investigative measures as the means.Among them,technical investigation measures is most mysterious.Previously our country has sought to maintain its “obscurity” in legislation,therefore there are no open and transparent regulation systems for the technical investigation measures.The “Criminal Law of the People's Republic of China”,which begins from January 1,2013,has added a section on “Technical Investigation”,which has clarified the subject,applicable scope,applicable object,approval procedure,validity period and the use and effect of evidence.It has changed the awkward situation that technical investigation measures is not clear in law previously and relieved the judicial dilemma of whether the acquisition of evidence in the technical investigation is legal or not.This change is absolutely a perfection in china's investigation system and the need of realizing the balance of value between fighting crime and safeguarding human rights.To realize of the most fundamental defensive rights of the citizens who are prosecuted,scientifically and reasonably use the technical investigation measures and standardize and control the investigation power are hot issues that has been widely concerned and explored by current Criminal Procedure Law.This paper has carried on the more systematic and thorough study about related questions by taking application and regulation system of the criminal technical investigation measures as main line.In the study,the meaning and concept of the criminal technical investigation measures and the characteristics and functions of the technical investigation measures have been explained firstly.Then,through the investigation of current situation and regulation system of the criminal technology investigation measures in Anglo-American Law System and Continental Law System and the analysis of current situation and issues in China's criminal technical investigation measures,the countermeasures for further perfecting regulation system of the criminal technical investigation in our country are finally put forward.This paper holds that the technical investigation has characteristics of secrecy and compulsion and functions of guaranteeing human rights and punishing crime.So it is necessary to make strict legal regulation on the technical investigation measures to prevent its misuse.