技术侦查的法律规制

面对日益严峻的犯罪形势和国家安全状况,技术侦查被认为是目前打击犯罪、维护国家安全的最有效措施之一,也是侦查实践中广泛采用的新型手段.然而,技术侦查的法律规范却与侦查实践需要极不相称,有许多问题都有待于法律规制.在法治化的界域内,具有侵犯性特征的技术侦查不仅应当体现程序正当性,还要实现技术侦查措施有效性与合法性的平衡.

On the Legal Adjustment of Technical Investigation

Because of the increasing crime and the state of national security,it is be deemed to that the technical investigation is one of the best method for coping with crime and guaranteeing the national security.The technical investigation is also the new means of crime investigation that be widely used.However,the legal adjustment of technical investigation is inconsistent with the need of the practice of crime investigation.There were a lot of questions about technical investigation need to be adjusted by law.In the view of law,the technical investigation which with nature of invasion should not only with the justice process,but also have to make a balance between the legality and validity of the measures of technical investigation.