The Procedure Regulation Of Special Investigation Measures

Chinese criminal procedure law in 2012 make up the second chapter 2 "technical investigation measures" in section 8 of the supplemented, the law is introduced, which caused the extensive concern of theory and practice, some researchers think technical investigation of expression is not accurate, should use special reconnaissance means to express, it including the technical investigation, temptation investigation, undercover investigation is different from the traditional detection measures such as, listening all the investigation measures, this paper deeply impressed. For technical investigation measures, the relevant provisions of the criminal procedure law has only 5, appropriate technology from the body of the investigation to the case scope of application, and application requirements are quite rough, obviously difficult to meet the requirements of the judicial practice, and gives theoretical space available for study. With theory and practice value this article choose the special investigative measures as a thesis topic, it is based on this reason.This paper is divided into four parts:The first part of the fundamental problem of the special investigative measures are studied.Mainly on the theoretical circle, secret investigation and relevant technical investigation conducted to clarify the concept of special investigation, and probes into the close to the concept of comparison, summarized the special investigative measures including species, and its technical and strict confidentiality, synchronicity, etc; The second part to special investigation measures is most widely used drug case as an example analysis to extract the special investigative measures on the problems existing in the application process, the lack of laws and regulations is causing extensive practice investigation process, evidence is difficult,the main reason for the investigation of main body behavior lack of self-discipline; The third part of the article on foreign related special investigative measures applicable scope of cases and the provisions of applicable procedures are summarized and analyzed, in order on the basis of the comparative study on the improvement of the special investigative measures in our country can provide reference material; The fourth part on the basis of the former three parts analysis is put forward from the Angle of legislation, perfect the procedure of special investigation measures and regulations.Drug crimes because of its own has the characteristics of concealment, one-time, no specific victims, by using the general investigation and difficult to achieve the goal of detected cases, collect evidence. Practice widely and the lack of law caused the imbalance between the special investigative measures applied. So the provisions of the measures to improve the legislative investigation can not only enrich the criminal investigation of the legal system in our country, also can more effectively guide the practice, the realization of procedural justice is the basis of the substantive justice are realized.