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伴随科技的发展,技术侦查的在犯罪侦查中的作用日趋重要,时隔十五年刑事诉讼法大修也首次对技术侦查予以立法,为有效的打击犯罪提供的法律依据。作为侦查手段双刃剑,如何更好的理解刑事技术侦查制度就尤为重要。本文旨在分析技术侦查理论基础与合法性基础,同时在此基础上对于现行技术侦查的规定提出完善意见,以期在充分发挥技术侦查的效能前提下实现惩治犯罪与保障人权的平衡。
With the development of science and technology, the role of technical investigation in criminal investigation becomes more and more important. For the first time, the overhaul of criminal procedure law over the past fifteen years has also enacted legislation on technical investigation and provided the legal basis for effectively cracking down crimes. As a double-edged sword of detection means, how to better understand the criminal investigation system is particularly important. The purpose of this paper is to analyze the basic and legal basis of the theory of technical investigation and at the same time to put forward some suggestions on the provisions of the current technology investigation so as to strike a balance between punishing crime and safeguarding human rights under the premise of fully exerting the effectiveness of technical investigation.