On The Regulations Applicable To Technical Investigation Measures

Technical investigation in China originated in our party s,revolutionary war to defend the revolution in the history of achievements and punish traitors set successfully.But,for a long time technical investigation there is no legislation in our country,the technical investigation in the social and legal supervision of running outside,in the judicial practice,the technical investigation has not been effective regulation,abuse,tampering and expanded applicable situation is inevitable,caused great infringement to citizen's basic human rights.Finally,the technical investigation legislation in 2013,but this is just the beginning.Points of technical investigation regulation is very vague and broad,basic can't actually play the role of effective rules and regulations.Technical investigation in the price of infringement of citizens' basic rights to fight crime.Therefore,must be effective technical investigation measures necessary regulation to our country.This paper elaborates the definition of technical investigation,analyzes its features,for the technical investigation measures are illustrated in detail the necessity of regulation.And analyzes the current problem of technical investigation of the application of law regulation in our country,analyses the reason of its formation,and presents a more detailed advice.First,in terms of application,regulation on the application of the technical investigation,this paper analyzes the several practices of western developed country under the rule of law,including the model of judicial review,judicial review and administrative examination mode,this paper expounds the judicial review mode suitable for China,and suggested to set up level 3 judicial review mode.Secondly,from the technical scope of applicable condition,case investigation and evidence to use physical aspects of regulation in detail in this paper,the technical investigation.I think is suitable for the current technical investigation regulation in current points,there is no for now.For example: the points in such aspects as technical investigation of executive main body and the use of objects is very reasonable,accord with the actual justice of actual cases,and guarantee the demand of the citizens' human rights.Based on the investigation of corporation in our country's legislation,judicial and law enforcement as the research object,the reference to Europe and the United States and other western developed country under the rule of law to regulate the practice of technical investigation,summarizes the technical investigation of applicable law regulation of analyzing the reason of its formation from two aspects of entity and procedure,adapted to the situation of our country put forward some methods of rules and regulations,technical investigation to improve and perfect the legal system of technical investigation in China render contribution.