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Research On The Related Problems Of Criminal Technology Investigation Measures

Posted on:2018-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ShiFull Text:PDF
GTID:2336330515455545Subject:legal
Abstract/Summary:PDF Full Text Request
Criminal technology detection measures have become the world's new magic to fight against the magic weapon.They refer to the investigating authorities for certain specific crimes,use technical means,which are subject to legal regulation,without the knowledge of the suspects,access to evidence,when it's difficult to detect by using all of traditional means of investigation.Their characteristics are secret,technical,etc.They should balance human rights protection,and comply with the principle of procedural legal and the principle proportionality,if they are applied.Criminal technology investigation measures are stipulated in China's Criminal Procedure Law,but still are relatively vague,difficult to operate.Their approval process is not strict,the scope of application is uncertain,and the application period has no upper limit.It is found that the United States,Britain,Germany and France have made detailed provisions on criminal technology investigation measures and have made strict rules on the scope,duration and supervision.That worth learning.The author considers that China's criminal technology investigation measures should be improved from the following aspects,first of all,the approval process have more details,and procurator ate are responsible for it.Second,the relief of litigants and the establishment of long-term accountability mechanism should be ameliorated,which give litigants the right to know and relieve.Third,the provisions of the use of evidence must been handed,which should be strictly restricted on its scope and conditions,have made detailed provisions.Finally,the application period of criminal technology investigation measures could be defined and the strict supervision system should be established.
Keywords/Search Tags:Criminal proceedings, the technical investigation, problems, perfect
PDF Full Text Request
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