Application And Supervision Of Technical Investigation Measures

As a means of criminal case investigation,technical investigation has been gradually known to people until recently.It is one method of investigation and obtaining evidences used in judicial practice in various countries(regions),just like conventional detection,video surveillance and DNA test.Although technical investigation has been carried out for many years in our country,it stills develops relatively late in the rule of law.Both the criminal procedure law of 1979 and 1996 have no regulation on technical investigation measures.And so far,as there is still not a complete system formed concerning the types,application and supervision mechanism of technical investigation,it depends more on administrative writ and investigation department's own rules and constraints.Due to years of working in the procuratorial organs,the author has been involved in the technical investigation.In practice,no clear basis for execution and lack of supervision mechanism are two difficulties exist in the implementation of the technical investigation.So from the macro level,there is necessary to strengthen the legislation or the judicial interpretation,clarify the concept of technical investigation,and correctly define the types,time limit and scope of the implementation of technical investigation.And from the perspective of practice,it should still strengthen the legal supervision on the exercise of technical investigation which means effective measures must be taken to protect the defendant's right of knowing and questioning as well as the confidentiality of investigation so as to ensure that power is not abused.With the method of documentation,induction and comparison,this article consults,collects and arranges some relevant materials such as current normative documents on the application and supervision of technical investigation measures,related works of scholars on the subject,data from the public security and procuratorial organs.And based on problems that arise in the practice of cases,it sums up effective methods and measures to implement and supervise technical investigation.