| The indispensible status and application trend of technical investigation is obvious in national intelligence and investigation community,the existing legal theory focus on the conception and characteristic of technical investigation,the constitution law study more on the conflicts between practical investigation activity and basic human rights protection,especially the potential harm to civil privacy.In the aim to strengthen the legal control and management level of technical investigation,we should pay more attention to the operation process and set the measures control as our study objective.This could help us to improve administrative ability and ultimately pursue the rule of law value.First part is the study of process control in legal theory.Emphasis on clear the boundary between technical investigation and secret investigation,introduce the characteristics of technical investigation.Conclude the specialization of technical investigation trend and the self-interest to demonstrate the practical reason why should take control of technical measure.The author uses the principle of constitution law to certify the value of establish due process in technical investigation.Second part is the comment on the legal practice in legal control in due process of technical investigation.Study the influence from judicial tradition;analyze the benefit and shortcomings in New Criminal Procedure Law.The author pointed out every process risky due to lack of legal control.Third part suggests how to improve legal control to achieve the due process.According to the specialization of administrative right,should integration technical investigation resource,establish professional authority,formulate laws special to technical investigation.The author prefers to build due process principle system first,build the due process in necessity,neutral approval system,judicial remedy,aims in justice and procedure in law.In the end,author research in the practical implementation of due process. |
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