Technical Investigation In Criminal Procedure

The new revised criminal procedure law of our country specially added "technical investigation measures" section, response to the demand of judicial practice. But for the technical investigation measures, although there are legislative authorization, but related laws is still not perfect, practice on how to use the relatively fuzzy, so the lack of practical experience.This article tries to analyze the characteristics, what is a technical investigation, technical investigation and start shall satisfy the principle of technical investigation, through comparison and analysis, for example analysis method to explore the difference between the investigation technology and technical investigation, discusses technical investigation in the legislation and experience at home and abroad, points out the lack of technical investigation application in judicial practice, and put forward Suggestions, hope to help to improve the level of practical application, a better practice of the concept of justice for the people. This paper is divided into four parts: This paper is divided into four parts:PART ONE:On the concept and characteristics of technical investigation, through concrete list several technical investigation measures is commonly used in practice, raises technical reconnaissance and investigation "technology". The analysis of the technical investigation launched four principles:(1) the proportion principle (2) the necessity principle (3) the principle of importance (4) end other investigation measures, under the premise of only conform to the four principles, to start the technical investigation.PART TWO:Around the paper expounds the present situation of the technical investigation, technical investigation is not always has, and is developing, high-tech technology applied in the investigation of the way. Based on the legislative level and judicial level analysis the historical evolution of technical investigation.PART THREE:Elaborates the application of the technical investigation abroad, select one of the civil law countries legislation in Germany and Taiwan were analyzed, and analyzed from case law of Anglo-American law system countries.PART FOURT:Analysis investigation involving technology investigation procedure in practice, supervision and restraint, collection storage and destruction of such aspects as the existing problems. And legislative perfection and application of technical investigation.