My Country's Technical Investigation Legislation Improvement Research

Technical investigation plays a unique role in criminal investigation because of its rich technique,strategy and secrecy,so it is known as the "secret weapon" for investigation organs to solve cases.However,the negative effect of technical investigation is also obvious--improper use will threaten and violate the privacy of citizens.Therefore,it is necessary to strengthen the legislative regulation of technical investigation.In addition,the existing laws of our country are not perfect in the specification and restriction of technical investigation.Therefore,it is an important task to sort out the shortcomings of the legislation of technical investigation in China,to investigate the legislative experience of technical investigation in foreign countries,and to put forward suggestions to improve the legislation of technical investigation based on China's judicial conditions.The main content of this paper basically includes the following four parts:The first part is to sort out the legislative status of technical investigation in China and summarize the shortcomings of legislation.In 2012,the Criminal Procedure Law listed "technical investigation measures" as a section for the first time in the chapter of "investigation",shifting the technical investigation from "behind the scenes" to "in front of the stage",opening the prelude to the legalization of technical investigation measures.However,due to the comparative principle and general legislative provisions of technical investigation,the content is mostly general authorization provisions,and there is no sufficient legal basis in executing subjects,objects of investigation,applicable procedures,supervision and relief,as well as the use of evidence of technical investigation.The second part investigates the legislative attitude of foreign countries to technical investigation.In Britain,the United States,Germany and Japan about the legislative system of technical investigation,process control and Ji Zhen provisions of evidence investigation,comparison,induction,summarizes how countries establish,guide,to regulate the use of technical investigation measures,hoping to our country in terms of technical investigation measures legislation perfect provide effective experience.The third part mainly discusses the theoretical basis of perfecting the legislation of technical investigation in Our country and the basic principles that should be followed in its design.Through the research,we can find that the improvement of the procedural regulation of technical investigation accords with the concept of national rule of law,the concept of constitutional human rights and the concept of trial centered litigation reform system.At the same time,on the basis of the experience of foreign countries and the judicial conditions of China,it is concluded that the procedural control of technical investigation should follow the principles of balance,proportion,legal procedure,restriction of rights and rapid trial.The fourth part,from the clear applicable conditions,optimize the program design,improve the use of technical investigation evidence of the relevant provisions of the three aspects of technical investigation legislation suggestions.First of all,the definition of applicable conditions should be reflected in the definition of starting standard of technical investigation measures,the definition of applicable procedure requirements and the definition of applicable scope.Secondly,the improvement of the program design focuses on the optimization of the approval procedure,the establishment of the upper limit of the number of delays and the improvement of the attached obligations(including confidentiality obligations and post-disclosure obligations,etc.).In addition,the materials obtained through technical investigation are particularly important to fight crimes.It is a reasonable policy to perfect the examination mode of technical investigation evidence,the verification procedure of technical investigation evidence and the establishment of the exclusion rules of illegal technical investigation evidence to ensure that the technical investigation evidence conforms to the three characteristics of evidence.