Research On The Technical Investigation Measures Of China’s Coast Guard Law

As the first law to clearly stipulate the adoption of technical investigation measures by China Coast Guard,China’s Coast Guard Law provides a direct legal basis for the adoption of technical investigation measures by the coast guard.At present,serious maritime crime cases are showing an increasing trend.The particularity and uncertainty of the maritime environment have greatly increased the difficulty of investigation,so the demand for technical investigation measures by coast guard in handling maritime criminal cases has also increased.At the same time,technical investigative measures themselves are highly infringing on rights and should be strictly restricted to prevent abuse from infringing on citizens’ rights and interests.Therefore,in-depth research on the technical investigation rights measures of China’s Coast Guard Law is to enable better procedures and legal basis to ensure that China Coast Guard can better carry out the fight against maritime criminal crimes.While at the same time allowing a complete supervision and relief mechanism to prevent and punish technical investigation abuses.The focus of this research is to sort out the current legislative norms of China’s Coast Guard Law on the adoption of technical investigation rights measures by coast guard on the basis of in-depth understanding and exploration of the nature and purpose of technical investigation.And find that it has shortcomings in completeness,normative and solving practical problems.It is too principled and not complete enough,so that it cannot be well guaranteed in practice.Standardized and correct use.In this regard,based on the specific practical needs of China Coast Guard,through reference to relevant literature,foreign laws and regulations,etc.It is proposed that China’s Coast Guard Law should be optimized and improved in terms of early application conditions,approval and supervision procedures,evidence rules,and convergence of laws and regulations to better help effectively combat maritime crimes and strengthen the protection of the rights of the subject under investigation.Starting from explaining the general theory of technical investigation measures,this thesis first introduces the understanding and definition status of the academic and practical circles in the field of technical investigation.And by combing the current status of the legislation of China’s Coast Guard Law on technical investigation measures,and clarifying the role of the current legislation,it can also explain the necessity of strengthening and improving relevant legislation on the current basis.After combing through the current status of legislation,the problems existing in China’s Coast Guard Law in the regulation of technical investigation measures are put forward.It is pointed out that the scope and conceptual classification of the applicable cases of the law for the technical investigation measures taken by China Coast Guard are not clear enough.There are certain problems with the convergence with other laws and regulations,the procedures for review,approval and supervision are not specific and perfect,and the evidence legislation for the technical investigation of maritime crimes needs to be improved.This thesis delves into the reasons why the regulations of China’s Coast Guard Law and related laws on technical investigation measures are not perfect,and summarizes the influence of different aspects such as subjective concepts and objective restrictions on current legislation.Finally,in view of the above-mentioned issues,suggestions for improving China’s Coast Guard Law are put forward.It is necessary to clarify the applicable conditions,strictly standardize the control of procedures,establish evidence rules specifically for the technical investigation of maritime crimes,and do a good job of convergence with other laws and regulations.