Research On Right Remedy In Technical Investigation Measures

China’s current "Criminal Procedure Law" has made preliminary regulations on the implementation principles and requirements of technical investigation measures,the rules of time limit and the applicable principles of obtaining evidence,thus,the basic prototype of legislation of technical investigation measures has been formed.Technical investigation is characterized by secrecy,specificity,technicality and easy infringement,so it is easy to infringe the legal rights of the parties in the investigation.China is influenced by the idea of "investigative mysticism" and "valuing entity over procedure",so the right relief in technical investigative measures can not be regulated by law and relief mechanism.At present,the exclusion rules of illegal evidence should be excluded in the types of evidence is not the evidence obtained including the technical investigation measures,"the state compensation law" although from the scope of compensation,channels,procedure of the compensation system to improve,but a series of improvement of the system of compensation for the right remedy not support technical investigation measures.With the focus on human rights has gradually become the mainstream of the modern country under the rule of law ideas of rule of law,the right remedy problems to be solved in China technical investigation measures,in the technical investigation measures how the citizen’s right protection,appropriate technology for criminal investigation measures of how to impose sanctions and other issues that need to be perfect as soon as possible from the legislative level and judicial level.Looking beyond the region,various countries and regions have made great achievements in legislative system and judicial practice in the right relief of technical investigation measures,and the right to know,the right to exclude illegal evidence and the right to seek compensation have been widely recognized.As a result,the right remedy in China should also speed up the technical investigation measures of perfecting the system construction and practice,not only need to add in the technical investigation measures the licensor afterwards,to the technical investigation measures obtained evidence review application right,the parties,the application of illegal evidence obtained technical investigation measures to exclude a technological investigation,the right of defense measures obtained right to use the material,It is more necessary to perfect the national compensation system,further expand the scope of compensation and applicable objects,clarify the subject of responsibility and compensation standards,and solve the compensation problems in technical investigation measures.With the constitutional principle of "the state respects and safeguards human rights" as its guiding ideology,the right relief in technical investigation measures in Our country is constantly deepened and improved.