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On the Technical Investigation in the Application of the Duty Crime

Author: ChenXiaoJun
Tutor: ZhangQun
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: technical investigation crime approval procedure supervisionmechanism
CLC: D918.2
Type: Master's thesis
Year: 2012
Downloads: 34
Quote: 0
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Abstract


In the current situation, vigorously against duty crime has deep social meaning. But because of the crime by taking advantage of the performance of the new features, the investigation organ to the duty crime investigation is facing enormous challenge. In order to effectively prosecute crimes act, during investigation into the high technique, high concealment technology detection means, have objective necessity. However, technical investigation measures adopted, will make the private life of the citizens by the " peep ", if there is no strict rules and let the technical investigation is to adopt, citizen right of privacy and even the social order and security will be facing a huge threat. Therefore, must be based on the technical investigation measures and reasonable regulation and supervision mechanism, to ensure the technical investigation is to obtain the evidence or clue, effective prosecution of crime purpose, and can minimize the damage to the legitimate rights of citizens.This paper mainly consists of five parts:The first chapter is the introduction. This chapter firstly this paper will deal with the basic concepts and the characteristics of it, and then discusses in duty crime cases using technical investigation measures caused by the two major value conflict and equity, as this study establishes the starting point of the study.The second chapter is on the world of comparative research, from the legal setup status, technical means of investigation, the type of subject of investigation of limit, approval procedures, investigative deadline, information limitations, the parties rights and remedies, illegal evidence exclusion aspects respectively on the typical countries in the world in the aspect of practice undertook detailed comparison analysis of.The third chapter of the Chinese context of duty crime investigation technology development are discussed, the measures of technical investigation is investigated for duty crime history, status quo, constraint conditions and the existing problems, to find the current our country duty crime investigation the mechanism of technology.The fourth chapter proposed the duty crime investigation standard advice to perfect the technology, then discusses the duty crime investigation of perfect technology of guiding ideology, perfect relevant legislation should pay attention to problems and the specific advice to perfect the legislation, and that the focus should be focused on empowering range, procedure of approval, supervision mechanism and civil rights and remedy.In the conclusion part, reiterated the main point of this paper, summarizes the technical investigation for improving the crime legal construction of our country’s important significance.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminalistics ( the response to crime science, crime Investigation ) > Investigative techniques and methods
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