Legal Regulation Of The Technical Investigation

Recently, with high intelligence, organized, professional criminal cases involving strong anti-investigative techniques occur frequently, technical investigative measures are widely used in our investigation practice, academia and practitioners have also launched a wide-ranging and in-depth discussion. In2012, China’s Criminal Procedure Law has experienced a profound "overhaul". Technical measures were viewed as a major highlight of the Code of Criminal Procedure, and were modified, and finally to be included in the Code of Criminal Procedure. The revised Criminal Procedure Law Article152also made it clear that the technical investigative measures to obtain the material can be directly used as final evidence, the criminal investigation of the rule of law in these changes are a key step forward. However, the revised Criminal Procedure Law of the types of technical investigation, the scope of application, the key elements of the applicable principles, the approval process has not made detailed provisions, the provisions of this legislation slipshod for technical measures to detect the specific operation in practice uncertainty, but also to the use of technical measures to detect whether the balance of punishment of crime and the protection of human rights in the relationship between dangerous foreshadowing, people cannot help but have a deep concern for, the improvement of legislation on technology investigation. The investigative measures legal regulation should become an important issue.The article is divided into five parts, starting from a leading case, combined with our technical investigative measures writing into law. The article will then analyze of the basic technical investigative measures and analyzes the necessity of legal regulation of technical investigation. The article will look into legislative study of foreign technical investigative measures; especially the worth learning experience. To conclude, the article will propose a solution to the existing problems in the technical investigative measures legislation. The first part will look into a case where the technical investigative measures were applied by the investigators and violated citizen’s legal rights. The case reflects on the recent amendment in the Criminal Code where the technical investigative measures were included. However, the latest amendment still has many problem that worth discussing.The second part is the background of the technical investigation measures, which include definition and characteristics. The study definition of technical investigative measures is a logical starting point to discuss all the problems in connection with it. Its connotation and denotation is the basis of the legal regulation of technology investigation. The characteristics of the technical investigative measures consist primarily of five parts:technical nature, secrecy, mandatory, modest, infringement. Because of these significant features, the legal regulation to the technical investigation measures is worth attention and research.The third part discusses the necessity of legal regulation of technical investigation. This part covers our reality is an urgent need to address the problem and must be long-term persistence, mainly including the protection of human rights in the criminal investigation, law enforcement norms of technical investigators, the investigation procedure rule of law, improve the Criminal Law in China analysis of the necessity of legal regulation of technical investigation and lay the foundation and other transnational criminal investigation and judicial assistance.The fourth part the technical investigation Legal Regulation extraterritorial Experience, divided into the feasibility of both draw on the extraterritorial lessons learned and the extraterritorial experience. Related countries have mature technical measures to detect the scope of the applicable standard of judicial review, human rights protection, unique experience, worth of borrowed establish and improve the technical investigation legal regulation system. In the section, the paper also discusses the feasibility of our country to learn from experience in the legal regulation of extraterritorial technical investigation, China needs combined with national conditions, to learn from foreign experience, to play a role within the framework of the legal system in China.Perfection of Legislation of the fifth part of our technical investigative measures is discussed in detail. First portion of this section of the technical investigation legislative analysis pointed out the legislative loopholes. The second part discussed technical investigative measures applicable principles, scope of application, examination and approval procedures, supervisory procedures, relief measures, legislative mode to improve our technical investigation legislative recommendations. Hopefully, we could establish a complete system of technical investigation by the perfection of the legislation, in China, and to play the role of the technical investigation of the criminal proceedings, to punish the perpetrators and the protection of human rights in the balance.