Research On Legislation Perfection Of Domestic Technical Investigation

With the rapid development of Chinese society,the flow of people,logistics and capital is accelerating.And all kinds of unstable factors are highlighted.The risks of various social contradictions are complex and interwoven,which induces a high incidence of criminal activity.Besides,it has the characteristics of organized,trans regional,high tech and high concealment,and has brought a great impact to the investigation work.As a technical investigation of "secret weapon" in public security work,for the close combination of its advanced technology and investigation strategy,open means and secret means,there has been a strong advantage in the practice of combating criminals,thus being used more and more widely.However,at the same time,it is the secrecy,technicality,compulsion and aggression of the technology investigation,which leads to the infringement of the rights of the citizens,causing a lot of questioning and criticism.Over the years,experts and scholars in China’s legal profession have also increased their research on such issues and promote the addition of the chapter on technical investigation in the newly revised "code of criminal procedure".It gives technical investigation a legal "coat".However,there is no detail procedure regulation.And it is still not enough to protect the civil rights of citizens in the process of technical investigation.Moreover,the great use of judicial practice and the lack of legislative level inevitably lead to the emergence of various malpractices and chaotic states in the technical investigation of public security organs.In this paper,the author combines the views of experts and scholars.Firs t of all,he introduces the different understanding of the concept of technical investigation in the academic circles of China,and accurately grasps the important characteristics of technical investigation.Then,through the comparative analysis of foreign and domestic technical investigation legislation,combined with the domestic judicial practice experience,this paper studies the legal regulation of domestic technical investigation,and analyzes the existing problems.Finally,in order to improve the technical investigation of the content of legislation,we should abide by the principles,improve the applicable norms of technical investigation,establish the use of technical investigation evidence and three aspects of the mechanism of rights and remed ies,put forward opinions on the legal regulation of the future technology investigation,and try to find a solution.