Loophole And Complement Of Technical Investigation System In China

The new Criminal Procedure Law was announced in March, in the law the legislators wrote the technical investigation which was in a highly confidential state in the judicial practice to the Criminal Procedure Law. The legislators used five provisions to stipulate the technical investigation and wanted to achieve a balance between the protection of human rights and crime control. It is an important measure to promote our legalization process of the technical investigation. It is crucially important to build a socialist country which is ruled by law. We should fully acknowledge the legalization progress of the technical investigation, at the same time we should know that although the new Criminal Procedure Law constructed the basic framework of the technical investigation system, the idea "be wide rather fine, be principle not specific" was obvious in the legislation. There are still many loopholes in the technical investigation system in our country. This paper is based on the basic principles of the technical investigation, referred to the research of scholars at home and abroad, contacted the practical activities of investigation. It wants to propose the feasible repair recommendations to promote the legalization process of the technical investigation system.In addition to the introduction and conclusion, this paper is divided into fiver parts. The content of each part are summarized as follows:The first part defines the concept and summarizes the legalization process of our technical investigation. This part defines the concept of the technical investigation and summarizes the legalization process of technical investigation. The concept defining includes three parts:the concept of the technical investigation the features of the technical investigation and the analysis of the related concept.The second part analyzes the loopholes of our technical investigation system. This part specifically discusses six loopholes:the uncertainty of the scope of technical investigative measures, the uncertainty of the approval process of technical investigative measures, the period applicable technical investigative measures is too broad, the missing of sanctions mechanism in illegal technical investigation, the right relief system fails to establish and the prosecutorial organization is not given the right of performing technical investigation.The third part analyzes the reasons of our technical investigation system loopholes. The reasons of our technical investigation system loopholes are including three parts:the shackles of the outside factors, the high degree of confidentiality and power controlling.The fourth part figures out the ideas of fixing our technical investigation system loopholes. Only broadening the ideas, we can contrarily fix our technical investigation system loopholes. The ideas mainly include peeling off the shackles of the outside factors and establishing the principle of open investigation, the principle of finally, the principle of relevance.The fifth part points out the specific recommendations of our technical investigation system loopholes. The specific recommendations are on the basis of our technical investigation practice and combining with the basic principles of technical investigation and complete technical investigation system abroad. Recommendations include five aspects:the clear scope and duration of the technical investigation, giving prosecutors the power of approval, the establishment of sanctions mechanism of illegal technical investigation, the establishment of right relief system and giving prosecutorial organization the right of performing technical investigation.