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2012年刑事诉讼法经过修改,增加了“技术侦查措施”这一节,为公安机关和检察机关适用技术侦查措施提供了法律依据,提高了侦查效率和打击犯罪的力度,增强了技术侦查的规范性,同时,也对保障人权作出了重要贡献。但是,由于刑事诉讼法对技术侦查措施规定过于笼统,使得对技术侦查措施的很多规定都缺乏可操作性,使很多法律规范都不能得到落实,不能发挥技术侦查措施该有的作用。本文通过对新刑事诉讼法中对技术侦查措施规定的分析,介绍了技术侦查措施的作用和不足,提出了完善技术侦查措施的方法,以使技术侦查措施在实践中更好的发挥作用。
In 2012, the Criminal Procedure Law was amended to increase the section on “technical investigation measures”, which provided the legal basis for the application of technical investigation measures by public security organs and procuratorial organs, enhanced the efficiency of investigation and the crackdown on crimes, and enhanced the technical investigation Norms, at the same time, also made an important contribution to the protection of human rights. However, since the criminal procedural law is too general for technical investigation measures, many provisions of technical investigation measures are lack of maneuverability, many legal norms can not be implemented, and the technical investigation measures can not play their due role. Through the analysis of the provisions of the technical investigation measures in the new Criminal Procedure Law, this paper introduces the functions and disadvantages of the technical investigation measures and puts forward the methods of perfecting the technical investigation measures to make the technical investigation measures play a better role in practice.