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技术侦查在现代各国侦查实践中被普遍应用,但技术侦查因其高度的秘密性、强制性对特点容易造成对公民权利的侵犯。我国立法对技术侦查缺乏明确而详尽的规定,刑诉法修正案虽对技术侦查做了一些规定,却存在着许多不完善之处。我们应对其立法的不完善之处进行思考并加以修正,以建立完善的法律机制对其加以规范从而更好地发挥其积极作用。
Technical investigation is widely used in the investigation practice of all countries in the modern era. However, because of its high degree of confidentiality and technical coerciveness, the technical investigation tends to infringe the civil rights. China’s legislation lacks clear and detailed provisions on technical investigation. Although the amendments to the Criminal Procedure Law provide some provisions on technical investigation, there are many imperfections. We should think about and correct the imperfections of our legislation so as to establish a sound legal mechanism to regulate it so that we can better play its positive role.