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On the Technical Investigation of Criminal Procedural

Author: MaRui
Tutor: HouChun
School: Yanshan University
Course: Procedural Law
Keywords: technical investigation rule of law right relief
CLC: D925.2
Type: Master's thesis
Year: 2013
Downloads: 3
Quote: 0
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With the continuous development of science and technology, criminal meansincreasingly to be concealed, technology and organization, the traditional investigativemethods presented a huge challenge. As an efficient investigative measures, technicalinvestigation increasingly plays an irreplaceable role in drug-related crime, violent crimeand other fields. Many countries in the world have established the technical investigationof crimes detective system, including monitoring, secret videorecording and mail checks,and conduced legislation and power control by legislation or case of technicalinvestigations. From the national fundamental law height, revised Code of CriminalProcedure of2011has made a more comprehensive investigation for technicalinvestigation, provides a new opportunity for its legalization and standardization.However, compared with foreign technical investigation system, there is a big gap inprocess control and protection of citizens rights in our technical investigation, keepbalance on punish crime and improve the protection of human rights by modifying theCriminal Procedure Law and other relevant laws.This paper introduces the basic theory of the technical investigation, compare andcomb the technical investigation of the two legal systems, focus detection on analyzingtechnical investigation’s current situation and its causes, then propose the approaches toreform. The fuzzy concept definition, slipshod law, lack of civil rights relief mechanismand supervision system severely restricts the legalization process of technicalinvestigation, from the comparative analysis of the extraterritorial investigation anddomestic situation, it can be seen that due process must be used to balance protect humanrights and fight against crime, so we must strengthen the power of checks and processcontrol, promote protection of human rights and legislation system, then provide a solidfoundation from the theory and practice of standardization for technical investigation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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