The Legal Problems Existing In The Practice Of Technical Investigation And Ite Countermeasures

Nowadays, modern information technology has great and profound impact on people’s thinking and daily life. With the features of no boundary, time and space, Internet, as the representative of public information network, has shortened the distance among human beings. However, once the contradiction in reality has gone to the internet it will expand immediately in a very short period, which will make the demands of individual aspiration into groups. New forms of crime and crime means have come out as the criminal offence coming increasingly dynamic, organized and intelligent. Criminal offenders now use the internet, and other advanced modern communication technology, which brings difficulties to the police if still adopting the traditional investigative techniques in attacking, arresting suspects and locking the evidences. Therefore, technical investigation combining the modern technology and investigation methods is now becoming a secret weapon in safeguarding national security and social stability. However, in the meanwhile, the frequent use of technical investigation will infringe people’s civil rights in terms of communication freedom and privacy, although the investigation efficiency has increased, which will hinder the pace of construction of harmonious society and law. In 2013, the technical investigation measures were officially written into the new Law of Criminal Procedure, which provide powerful legal support for it. However, the provisions of the existing criminal law are still in the very early stage. The provisions in the following aspects are still very general, the object, the vetting procedure and evidence application. The paper is going to demonstrate the current situation of technical investigation and analyze the problems existed in real practice to specify and standardize the problems existing in current applicable subject and procedures, so that further perfection and supplement could be made in the blind angle of current legislation.The author will discuss preliminary on the development of technical investigation and its real practice from the perspective of its own characteristics of technical investigation measures, in the meanwhile, introduce the problems in real practice of the new Law of Criminal Procedure and countermeasures for improvements and solutions by combining the experiences of foreign technical investigation measures and legislations.The first part mainly demonstrates the definition of technical investigation by introducing how other domestic peer experts define technical investigation and the definition from the new Law of Criminal Procedure, and also compare it with secret investigation, criminal technology and other related concepts from the aspect of essential characteristics.The second part introduces the development of the measures of technical investigation in our country from the angle of legislation, and then analyzes the using subject, applicable range and conditions, the examination and approval procedures and used evidences of technical investigation after the new Law of Criminal Procedure has been put into practice. In addition, the problems in real practices will also be included.The third part then solves the problems existed in real practice of technical investigation in the framework of the existing criminal law by proposing suggestions on the aspects of applicable subject standardization and procedure specification by focusing on improving the technical investigation evidence applying, technical investigation law enforcement supervision system and countermeasures in the new problem of establishing the right mechanism.