Legislation Of Duty Investigation Of China Technology

Technical investigation measures in the form of the first law provisions in the criminal procedure law.Technical investigation in our criminal justice practice more attention. Measures of technical investigation on duty in the case, the existing research results, mainly to the duty crime of Secret Investigative Measures in the investigation power of technology, foreign related system comparative study.The paper is divided into four parts. The first part of the duty crime investigation, special technology and its characteristics are described. The first part of the duty crime investigation, special technology and its characteristics are described. The second part of the present situation and defects of job-related crimes investigation of China’s technology analysis. Describes the current situation of duty crime investigation of legislation of our country, analyzed the defect of China’s duty crime investigation legislation. Defects are mainly the concept of technical investigation is not clear, the scope is not clear, the applicable procedures are not standardized, the illegal evidence exclusion scope is not clear, the lack of violations of civil rights relief system. The third part is the duty crime investigation legislation technology and experience. Mainly analyzes the provisions of the United States, Germany, Italy, the Three Kingdoms in the crime of technical investigation measures, absorption provides a reference value for our. The fourth part of basic concept of the legal regulation of technical investigation in our country in detail. The first part presents the basic principles of legal regulation of technical investigation in our country should establish the principle of proportionality, the principle of judicial review, judicial relief principle. Probing into the concrete regulation of technical investigation in our country on the basis on the basic principles, including the implementation of the subject, technical investigation procedure, remedy and report system of technical investigation evidence, illegal use restrictions.