Research On Procedural Regulation Of Technical Investigation Measures

Today,with the increasing progress of science and technology,technical investigation measures play an increasingly important role in combating criminal offences because of their technical and covert characteristics.However,technical investigation measures also have the characteristics of infringement,and are likely to be abused to damage citizens' legitimate rights and interests such as privacy.At present,most countries in the world have strict procedural regulations on their technical investigation measures in order to achieve a dynamic balance between punishing crimes and guaranteeing human rights.In 2012,China revised the Criminal Procedure Law,which clearly stipulated technical investigation measures,and solved the problem of legal authorization and interpretation of technical investigation.However,the improvement and regulation of technical investigation measures should be based on the norms of procedures,and more attention should be paid to the specific operational procedures of technical investigation measures in the investigation of criminal cases.For this reason,the investigation organs of our country have promulgated corresponding procedural provisions to regulate the examination and approval mechanism,application period and application scope of technical investigation measures.However,the relevant procedural provisions still exist such phenomena as vague procedures,weak operation and absence of civil rights relief mechanism.Therefore,it is necessary to draw lessons from and learn from the relevant research of western countries on Procedural Regulation in order to better improve the legislation of Procedural Regulation of technical investigation measures in China,so as to better apply technical investigation measures in judicial practice.From the perspective of Procedural Regulation of technical investigation measures,this paper will use the methods of comparative study and theoretical research in many ways to explore the Procedural Regulation of technical investigation measures in China.This article will first explore the unique features and possible risks of technical investigation measures as a special means of investigation compared with the general methods of investigation from the aspects of concept,characteristics,applicable principles and value analysis of technical investigation measures.Secondly,this paper makes an in-depth analysis of the legislation and judicial practice of technical investigation measures in China,and points out whatproblems exist in the examination and approval process and application of technical investigation measures in judicial practice.By comparing and analyzing the Procedural Regulation of technical investigation measures at home and abroad,this paper will understand and draw lessons from the current situation of the Procedural Regulation of technical investigation measures in Western countries,and then put forward some suggestions for improving the Procedural Regulation of technical investigation measures in China.