Analys Is Of The Current Situation Of Technical Investigat Ion Measures

Technical investigation measures,as a combination of modern science and technology and means of investigation,play an important role in maintaining national security and social stability under the background of the rapid development of science and techno logy.In 2012,technical investigation measures were first recorded in the Criminal Procedure Law,in line with the current process of the rule of law in China.However,due to the fact that China's legal provisions on technical investigation measures are still in the primary stage,many of the legal contents involved in technical investigation are not clearly stipulated,and technical investigation measures have the characteristics of infringing on citizens' personal rights and privacy rights.If the use of technical investigation measures is not regulated in law,the rule of law will be hindered.The pace of social construction.Considering this,this paper will focus on the analysis of the legal status and problems of the existing technical investigation measures in China,combining with the preliminary exploration at home and abroad,according to China's specific national conditions,in order to improve the legal system of technical investigation measures in China,to achieve the ideal result of maximizing the effect of investigation and the unification of legal basis.This article is divided into four parts to discuss the current situation of technical investigation measures from the perspective of the criminal procedure law.Firstly,this paper introduces the positive and negative effects of the technical investigation measures after they entered the Criminal Procedure Law in 2012,and expounds the practical status of the technical investigation measures after they entered the law.Secondly,it analyzes t he main reasons of restricting the technical investigation measures from four aspects,and finds out the reasons that affect their function.According to the above reasons,and then draw useful nutrients from the foreign regulations and experience of technical investigation measures,through the United States,Germany and other key countries under the rule of law to conduct an extraterritorial investigation and analysis and summary,to explore the direction of China's technical investigation measures into t he law development,in order to avoid detours.Finally,in view of the current situation of technical investigation measures,the paper puts forward feasible suggestions from various angles,such as the definition of technical investigation measures,strengthening legal supervision,establishing relief mechanism,and clarifying the conditions for the use of evidence.