Research On Apply Issue Of Secret Monitor Evidence

The secret monitor as a sort of means of evidence collection is very necessary to investigation of intelligent crime. It makes for cracking down on crime, at the same time, it threaten the citizen's rights and freedom by guaranteeing of constitution. As a result, we should criterion secret monitor from fitting with modernization criminal court hearing mode on evidence's request point of view. In order to reach to the maximum of evidence collection efficiency by the means of minimum of infringing the citizen's rights and freedom in the track of the rule of law. So it is necessary to study the law foundation of the secret monitor evidence in the court, to study the apply regulation of secret monitor evidence, and evidence capability of secret monitor evidence in each circumstances in theoretically.In our country, the scholar research on secret monitor evidence from the view of procedure in many circumstances, but pay few attention to secret monitor evidence. This is a blank to perfect our country's evidence theory. At the same time, according to our country's relate regulation, evidence information by technology investigation can not be use and bring forth in the court directly. It is only to be a clue to collect evidence. It can be use in the court only translate the secret monitor evidence into the legal evidence forms stipulated by the criminal procedure law. But each justice department take the different viewpoint to weather the secret monitor evidence can be use in the court or not and how to use in the court on account of ambiguity provision in the criminal procedure law. It is obvious that the application of secret monitor evidence is a theory issue with a very abundant content as well as a practice issue resolved urgently. So it is not only to enrich the evidence theory, but also to instruct justice practice to research the application of secret monitor evidence as an academic task.In the process of studying the secret monitor evidence, we must deal with that secret monitor, as a technical investigation means cannot infringe the suspect's subject lawsuit status. The secret monitor that not be agree by the suspect cannot be a means of acquiring affidavit compulsively and the secret monitor cannot breach the privilege against self-incrimination, too.At the same time, it is must involved with other people inevitably to take secret monitor. The secret monitor can betake to other citizen only take into account the significance of the crime and the qualification of secret monitor. It is a problem whether to monitor the communication between the suspect and the people who have the privilege to refuse to bear witness appear in court, especially between the suspect and the lawyer. Generally speaking, the people who have the privilege to refuse to bear witness appear in court have something with the suspect, so it is very helpful to collect evidence. But it is whether to breach the privilege to refuse to bear witness appears in court or not. This problem will be resolved in the thesis.In chapter â…£, the author put forward to three secret monitor evidence rules, i.e. specific subject rule, specific object rule and writ rule. In chapter â…¤,the author discuss the evidence competence of secret monitor evidence firstly, then have a emphasis on the evidence competence of secret monitor by suspect's consent and incidentally. I hope the discussion will be helpful to our country's criminal evidence theory and practice.I cordially expect experts can make a comment or criticism to this thesis.