Studies on Procedural Control of Technical Investigation in China


 

 

Liu Chenqi, Studies on Procedural Control of Technical Investigation in China, Beijing: China Social Sciences Press, October 2021.

 

The revision of China's Criminal Procedure Law in 2012 achieved a breakthrough in the sense of "providing legal basis" for technical investigation in criminal procedure law. However, because the provisions on technical investigation are crude and lack operability, they have not only failed to effectively solve some inherent problems in judicial practice that have existed before the introduction of legal provisions on technical investigation, but also brought some new problems. Therefore, it is urgent for Chinese scholars to carry out studies on the procedural control of technical investigation. The first part of this book, by clarifying the basic concepts and types of technical investigation, analyzes the main current methods of criminal procedural control. Based on the relevant legal systems of countries and regions with developed rule of law systems, it analyzes the commonalities of these legal systems and explores their law of evolution, and summarizes the basic concepts and principles that should be established and followed in procedural control. On the basis of basic research in the first part of the book, the second part of the book studies the specific issues in procedural control of technical investigation in China and puts forward suggestions for improvement. By examining the progresses and deficiencies in the current system and reflecting on the methods and contents of procedural control and the problems and defects existing in relevant systems, this paper puts forward a "three-step" approach to perfecting the system, namely improving judicial interpretation, supplementing legislative interpretation and revising and perfecting the legislation, as well as policy suggestions on establishing and perfecting relevant supporting systems.

 

 

The author of this book, Liu Chenqi, Bachelor of Law (People's Public Security University of China), Master of Law and Ph.D. in Law (Graduate School of Chinese Academy of Social Sciences), is currently an assistant research fellow at CASS Institute of Law and a lecturer at the Law School of University of CASS. His research fields are criminal procedure law, criminal justice system and legal education. His previous positions include deputy director of LLM programs of CASS Institute of Law and Deputy Secretary-general of the Committee of Chinese Clinic Legal Educators. He has participated in many National Social Science Fund projects, co-authored and co-edited more than ten monographs or teaching materials, and published over 10 legal academic articles in professional journals.