Legal Regulation Of The Technical Investigation

The rapid progress in science and technology and economic development, the networkof globalization today, emerge in an endless stream of new crime means, old,investigation measures on crime can not meet the demand of the modern society crime.In the face of new, complex, the group of crime, will inevitably lead to criminal investigation means to respond. "Technical investigation measures of generalapplication in practice", "Criminal Procedure Law" the provisions of technical investigation, is to put on the cloak of legitimacy, can be directly used by the evidenceof technical investigation, on the one hand to improve the efficiency of the investigation,on the other hand, is caused by the infringement of citizens’ rights and freedom, how to use the laws and regulations of the correct use of surveillance technology in the protection of human rights, to expose crime maximum range and to supervise thetechnical investigation, in order to fight against crime and protection of human rights ismainly to explore the balance between the. Legal regulation of technical investigation is for the purpose of the subject, technical investigation scope, conditions, procedures,authorization, supervision procedure, reme dy measures to provide clear and specific provisions, implementation of the standardization of technical investigation. The legalregulation of technical investigation of the target is on the premise of full protection of human rights under the technical investigation is justified.In the specific analysis of the process of discussion, this thesis is composed of fourchapters:Chapter one is overview technical investigation. Summarizes the electronic eavesdropping, wiretapping, electronic monitoring, secretly taking photos, video, e-mailand other special inspection technology secret, as well as the implementation of technical investigation how Jane shao.The second chapter is the analysis of the legislation and application status of domestic and foreign technical investigation, comparison of domestic and foreign legislation and application.The third chapter analyzes the measures of technical investigation in our country andthe attribute value of technical investigation of the risk, the practice of legal necessity,legitimacy.The fourth chapter puts forward some ideas of perfecting the legal regulation of technical investigation in our country. Believe that to improve the regulation of technical investigation in our legal construction, we must start from the scientific orientation and specific measures of technical investigation of the scope, duration and other objects,the scientific definition and classification of technical investigation proceedings haveapproval authority, make perfect the implementationof technical investigation of illegalpunishment, to make great efforts to perfect the technical investigation right relief mechanism etc..Only in this way, the process of legalization of technical investigation to obtain the effective development, technical investigation to becoming a system guarantee andrestriction of criminal investigation means, thus promoting the institutionalization of our country.