Research On Execution Procedure In Technical Investigation Measures

The execution procedure of technical investigation measures is the core of the process of technical investigation measures.However,China’s rough laws and the lack of relevant systems have resulted in the awkward situation that the execution of technical investigation measures is not standardized,the technical investigation measures are not supervised,and citizens’ rights can not be protected.In the aspect of legislative situation,China lacks the special legislation of technical investigation measures,the relevant law is rough,and the system is seriously absent.In practice,some of the technical investigation measures are not standardized,the external supervision system is missing.Due to the absence of supervision system,the technical investigation measures have been abused.The traditional thought of "legislation should be rough not detailed" and not paying attention to human rights is deeply rooted.Meanwhile,the long-term lack of relevant supporting systems leads to the confusion.By analyzing the status quo of the execution procedure of technical investigation measures,draw experience from major countries and regions under the rule of law,and puts suggestions with China’s national conditions.To be specific,first of all,we should change the legislative concept,constitute the "detailed" legislative concept,attach equal importance to protecting human rights and combating crimes,and take the execution procedure of technical investigation measures as the core of technical investigation procedure.At the same time,promote the legislation and system construction,making clear the executive authorities of technical investigation measures and execution object,set scientific and strict execution of technical investigation measures,clearly stipulates the obligation of assisting relevant enterprises and individuals and the consequences of illegal acts,establish technical investigation evidence system of collection,conservation and destruction,and establish civil rights relief system and enforcement supervision mechanism.