Control Of Monitoring Procedures

Criminal procedure law sense monitoring refers to the investigation organ according to legal provision in the criminal case process, in order to collect review evidence disclosure proving crime in investigation relatively unknown, affection, using technology and equipment for talking of investigation relative person's nature of the nature of monitoring or intercept investigation wireless telephone handling telephone cable network communication, and other electronic communications information detection behaviour of a kind of secret.Investigation of their communication contents counterpart privacy protection has reasonable expectations, intervention is the most important rights citizens to privacy, so should belong to compulsory measures and their needs approval and approval procedures shall be subject to strict censorship.The earliest will monitor measures as a kind of crime in criminal procedure law reconnaissance means shall be established in the country is the United States.World has from legislation to make clear provisions on listening.In order to prevent surveillance encroach on the basic right of citizens, practice in the world is to control and monitor the implementation of separation, monitor right by two different authority separately exercise.Monitor special investigative measures, compared with the general investigation measures on the civil liberties rights violations is larger. Only in the adoption of general investigation measures can reach can be used investigation purpose surveillance reconnaissance measures. That is to say, the investigation organ has taken reconnaissance means necessary is appropriate means of the objectives of the smallest means, and encroach on purpose or methods and means and between into quite proportional to target, to protect some interests and take means should not cause another benefit of greater damage.Introduced in investigation procedure, establish judicial power writs principles and judicial review principle (set examining magistrate), clear the investigative measures by the mandatory must have legal reasons and, at the same time, according to legal procedures relating to civil rights, it shall establish a save the sanctions.