技术侦查措施立法问题研究

Research on Legislative Issues of Technical Investigation Measures

当前技术侦查措施存在技术侦查措施的称谓不够恰当、技术侦查措施的类型有待确定、技术侦查措施的适用条件模糊不清、技术侦查措施的适用案件范围不清晰、技术侦查措施的审批主体与要求尚不明确等立法问题。建议变更技术侦查措施的称谓,确定技术侦查措施的类型,明晰技术侦查措施的适用条件,科学划定技术侦查措施的适用案件范围,明确技术侦查措施的审批主体与要求,以完善技术侦查措施立法,实现打击惩治犯罪与保障人权的平衡。

In order to promote the process of legalization of technical investigation measuresand achieve the balance between combating and punishing crimes and safeguarding humanrights. By using the historical research method, this paper combs the legislative process of technicalinvestigation measures, and finds that there are some legislative problems in the currenttechnical investigation measures, such as the inappropriate title of technical investigation measures,the types of technical investigation measures to be determined, the vague applicable conditionsof technical investigation measures, the unclear scope of the applicable cases of technicalinvestigation measures, and the unclear subject and requirements of technical investigation measures.In order to solve the above problems, we can improve the legislation of technical investigationmeasures by changing the title of technical investigation measures, determining the typesof technical investigation measures, clarifying the applicable conditions of technical investigationmeasures, scientifically delineating the scope of applicable cases of technical investigationmeasures, and clarifying the examination and approval subjects and requirements of technical investigationmeasures.