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On Legalization of technical reconnaissance

Author: CuiXiMeng
Tutor: DengLiJun
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Technical reconnaissance Legalization Comparative Law Legal Regulation Judicial practice Legislative Construction
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 283
Quote: 0
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Abstract


With crime intelligence, organization, increasing the degree of concealment, the traditional routine investigative measures is facing an unprecedented crisis and challenges. Technical reconnaissance measures as a response to the new situation changing needs of crime, has been widely used in the world, in the fight against crime and control of conventional investigative techniques have played an irreplaceable role. However, if used improperly, it will easily violated fundamental rights of citizens. So how on technical reconnaissance by means of legislation to regulate and balance technical reconnaissance means in the fight against crime and the protection of human rights values ​​of conflict and achieve technical reconnaissance of the rule of law, legislative and judicial practice become an important issue. In this paper, the general theory of technical reconnaissance to start, in the study of the world's major countries and regions, the rule of law technical reconnaissance legislative, judicial practice and related theory based on the combination of the actual situation of technical reconnaissance, proposed to build the rule of law of technical reconnaissance initial ideas. Paper is divided into four chapters of about five thousand words. The first chapter describes technical reconnaissance to generalize. First, investigation and evaluation of the technical reconnaissance concept and characteristics; then expounded several major technical reconnaissance measures; final analysis of the technical reconnaissance and related concepts and their connection. The second chapter is the extraterritorial technical reconnaissance of Comparative Law. This chapter first civil law countries, common law countries as well as China Hong Kong, Macao and Taiwan regions, technical reconnaissance legislative, judicial practice and related doctrines of research, and on this basis it is analyzed and then indicate Legalization of technical reconnaissance reference. The third chapter is our technical reconnaissance legislation and its practical situation. First introduced technical reconnaissance of the relevant provisions of the legislation, noting that China's existing laws flaws and shortcomings; followed by analysis of China's technical reconnaissance in judicial practice problems; Finally, from the concept of barriers, lack of effective power control mechanism, the existing structure is irrational, and related litigation criminal justice system is not perfect analysis of the four aspects of technical reconnaissance legal regulation is insufficient. The fourth chapter of our technical reconnaissance basic concept of the rule of law discussed in detail, but also the most important chapter in this article. This chapter analyzes the legalization of technical reconnaissance necessity and feasibility; secondly proposes legalization of technical reconnaissance should first establish the basic principles; in establishing basic principles, based on the specific technical reconnaissance discusses legalization of the legislative design including technical reconnaissance legislative mode selection, technical reconnaissance right configuration, technical reconnaissance scope and conditions, technical reconnaissance of the implementation period, technical reconnaissance is intended, the implementation of technical reconnaissance program, technical reconnaissance and the use of information obtained processing and technical reconnaissance illegal acts such sanction mechanisms and remedies.

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