The Research On The China's Technology Investigation System

The technical investigation system is the core of the technical investigation measures,which is the general term of a series of procedures of the technical investigation including the examination and approval,implementation and supervision measures.In 2012,the technical investigation system was extended as a kind of statutory act of investigation which was mainly set up for the increasing amount of high-tech crimes and organized crime in new section of "technical investigation measures" in "Criminal procedural law".Technical investigation measures have the feature such as technological,concealment,although its appearance improve the efficiency of the investigators of the investigation in a certain extent,there could be potential risks as infringement of citizen privacy and threat of social trust by abuse of the public power.In this paper,the technical investigation measures are studied on the basis of the concept,characteristics,analyzing our country present legislation and the judicial status quo,being compared with foreign judicial status and the system characteristics,summarizing the problems in the practice of technical investigation measures of our country.In terms of the positive effect posed by technical investigation measures to crime-investigating procedures in our country,this study discussed the defects in the legislation and practice in our country from three respects of examination and approval,execution and of the citizen's right of privacy security.This paper focuses on how to balance the conflict between technical investigation measures and citizen privacy right,how to protect citizens' right to privacy in the case of the expansion of investigation right.Based on the analysis of the above problems concerning to perfect our technical investigation system,the ideas and suggestions have been put forward,in order that investigation organ in practice can be more effective,more normative use of technical investigation measures.