Research On Procedural Sanctions Of Illegal Technology Investigation

It has always been a hot issue in the theoretical research of criminal procedure to exert the effect of technical investigation on crime control and simultaneously prevent its infringement on citizens’ basic rights.Procedural sanction on illegal technical investigation not only deprives the litigation benefits obtained by illegal technical investigation,but also highlights the independent value of judicial proceedings and remedies the rights of litigants.Therefore,it has attracted more and more scholars’ attention.The court is the subject of procedural sanctions against illegal technical investigation and the object of sanctions is the technical investigation carried out by the police which violates procedural rules.Illegal technical investigation not only violates the provisions of criminal procedure law in form,but also infringes upon citizens’ basic rights and litigation rights.According to the degree of infringement,subjective malignancy,social influence and other factors,illegal technical investigation can be divided into defective acts and infringement acts.Although China has a long history of using technical investigation measures,the legislation is relatively backward.The stipulation of technical investigation measures is simple in the Criminal Procedure Law.At present,the exclusive rule is the only form of procedural sanctions on illegal technical investigation.The application scope of procedural sanctions is too narrow and the form is relatively single.This exposes many problems in judicial practice.In practice,judges rarely exclude the technical investigation evidence through exclusion rules.The procedure for reviewing technical investigation evidence does not guarantee the defendant’s right to defense.After the research of legal system of western countries,it can be found that developed countries have almost established procedural sanction systems on illegal technical investigation.The procedural sanction systems of different countries have many differences in the judge’s discretion,operational rules and other aspects,but they still follow some common procedural principles such as principle of due process,principle of rights protection and principle of proportionality.If China wants to establish a procedural sanction system,the above principles should be observed.At the same time,China should refine the existing exclusion rules of illegal technical investigation and increase the forms of procedural sanctions,and construct a complete procedural sanction system on illegal technical investigation.