中国的技术侦查及其司法控制 - 以数字时代为背景 -

Abstract

Forther evision of the Criminal Procedure Law of the People’s Republic of China in 2012, it incorporated technical investigation measures into legal regulation, which thus opened a major historical process of the legalization of technical investigation. With the integration development of technical investigation and the new generation of information technology in the digital age, it has promoted the constant up dating of the technical means and methods. However, the relevant legal provisions are scattered and unsystematic since some provisions on technical investigation in the criminal procedure law and supporting provisions lag behind the investigation practice, which exists some problems, such as unclear definition of substantive conditions, excessive loose specific implementation procedures and so on. As the result, the centralized and unified legislation on technical investigation measures under the guidance of the principle of proportionality should be carried out. In terms of the judicial control of China’s technical investigation in the digital age, it should start from two perspectives of entity and procedure, which should clarify the concept of technical investigation, and clarify the implementation subject and case scope of technical investigation in the aspect of entity. Then, it should establish the judicial control mode of technical investigation combining internal supervision and external supervision mechanism in the aspect of procedure, which should also strictly review the types and duration of technical investigation, as well as refine the use principles and rules of technical investigation evidence.