Research On The Application Of Technical Investigation Measures

The Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the Criminal Procedure Law)amended in 2012 expressly stipulates the provisions on technical investigation measures,which changes the situation of using them as a policy measure based on the need of national political security in the past.However,through the operation of technical investigative measures in recent years,we find that there are still some problems in the legislation of technical investigative measures,such as inadequate legal regulations,non-standard operation and confusion of application in practice.These problems are worth exploring,analyzing the reasons for existence,and finding out the methods or proposals to solve the problems.Make feasible suggestions.By means of data collection,theoretical analysis and comparative analysis,this paper synthesizes the basic theoretical knowledge of criminal procedural law and comparative law,draws lessons from the legislative system of western developed countries in setting the framework for the operation of the power of technical investigation measures and the experience of effectively controlling the expansion of the power of investigation,aiming at the operation of technical investigation measures.In the process,there is no legal basis,there are loopholes in the legal basis and various problems in the actual operation are studied and analyzed.Some thoughts on the operation system of technical investigation measures in China are put forward to provide useful ideas and constructive opinions for the construction of technical investigation measures system in China.The full text is divided into four parts.The first part mainly deals with the undefined concept of technical investigation measures.Through the interpretation of the law and the interpretation of the practice department,this paper analyses their respective problems,expounds the author's interpretation of the concept of technical investigation measures and the understanding of the characteristics of technical investigation measures.In the second part,facing the complicated problems in the operation of technical investigation measures,it is difficult to solve them effectively and normatively only by the provisions of the Criminal Procedure Law,and certain principles must be followed.The author believes that in order to solve the problems in the operation of technical investigation measures,it is necessary to follow the principles of rights protection,procedure legality and necessity.The third part introduces the application scope and types of technical investigation measures,analyses the causes of the problems such as unclear scope of cases,confused scope of applicable objects and unclear extension,and puts forward relevant solutions,so as to draw a frame for technical investigation measures.The fourth part,after clarifying the basic issues of the concept,principle and scope of technical investigation measures,mainly studies the implementation and application of technical investigation measures.The author focuses on the decision of technical investigation measures,the implementation of technical investigation measures and the application of the results of technical investigation measures to analyze and solve the problems encountered in the theory and practice of technical investigation measures.The last part is about the legal supervision and right relief of technical investigation measures.The legal supervision of technical investigation measures should not only stay on the provisions of laws and regulations,but also give full play to the legal supervision function of procuratorial organs,and give full supervision to the whole process of technical investigation measures implementation.Citizens'right to know and relief is the core element of civil rights.Citizens should be granted the right to claim compensation due to illegal technical investigation measures of investigation organs,the right to request criminal reconsideration review,the right to complain and appeal,in order to force the standardization and legalization of technical investigation measures.