The Re-engineering Path of Technical Investigation in China from the Perspective of Comparative Law

Journal: Journal of Higher Education Research DOI: 10.32629/jher.v5i6.3250

Luning Pang

Institute of Evidence Law and Forensic Science, China University of Political Science and Law, Beijing, China

Abstract

With the rapid development of modern Internet technologies and high-tech innovations, technical investigation measures have emerged as a novel and effective means to solve major complex cases. However, due to the vagueness and absence of procedural legal regulations in the field of technical investigations, practical challenges, including difficulties in implementation and instances of unlawful practices, have arisen. To address these issues, this study takes the application of technical investigation measures and institutional procedures as its central focus. It begins with an examination of legislative regulations and practical operations, analyzing the judicial application challenges they reflect. By studying the current practices and institutional frameworks of countries such as the UK, the US, Germany, and Japan, this research explores their detailed classifications of technical investigation measures and the legal procedures for approval and review. Additionally, it examines the application of rules such as compelled third-party information disclosure and the exclusion of illegally obtained evidence in foreign jurisdictions. Based on these insights, this study rethinks the procedural framework for the initiation, execution, and remedies of technical investigations in China.

Keywords

comparative law perspective; criminal technical investigation; procedural re-engineering

References

[1]Xie Fang, Cheng Lei. The Distinction Between Technical Investigation and Technical Surveillance: A Justification Perspective Based on Procedural Reform. Journal of Sichuan University (Philosophy and Social Sciences Edition) , 2018(2) : 187.
[2]Wei Ruiming, Wei Keqiang. The Conflict Between Technical Investigation and Citizens' Privacy Rights and Countermeasures. Journal of Railway Police College, 2021, 31(04) : 62-65.
[3]Hu Ming. Procedural Control of Technical Investigations in the UK, France, Germany, the Netherlands, and Italy. Global Legal Review, 2013, 4.
[4]Song Shijie. A Comparative Study of Foreign Criminal Procedural Laws. China Legal Publishing House, 2006.
[5]Barth W. Nagios: System and network monitoring[M]. No Starch Press, 2008.
[6]Lee S, Levanti K, Kim H S. Network monitoring: Present and future[J]. Computer Networks, 2014, 65: 84-98.
[7]Zhong Tao. Correction of the Scope of Technical Investigation Measures and Prospects for Future Paths. Journal of Shanxi Police College, 2021, 29(02) : 5-14.

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