On The Range Of Case Applicabletic Monitoring

Monitoring in the process of criminal procedure is one kind of compulsory and technological detection measure,it is the effective even unique and last method sometimes which the police investigate serious and high concealing crimes . It sufficiently reflects the tense conflict betweem state power and civil fundamental rights in the field of criminal procedure. Legal principle theory and the practice of sound applying of monitoring system in other countries can indicate that it is necessary to limit the range of case monitored ,and it can seek the balance between controlling crime and guaranteeing human rights for monitoring through the limition in certain range at the same time. Criminal Procedure Law of our country in effect does not make any regulation to monitoring system.some relevant regulations about monitoring are extremely general and abstract,and do not stipulate the range of case monitored without justifiability, however,the police massively adopt the compulsory measure to detect crime which can intrude the right of privacy. This kind of legislation is behind practice and judicature is separated from the law disadvantage the realization of gole of the criminal procedure, hinder the course that our country rule state by law.Therefore, it is very necessary to research the jurisprudence of t the range of case monitored and use the experience of other countries for reference to instruct the investigative action,change the legislation pattern of monitoring and perfect legislation of monitoring in our country, protect individual right of privacy against groundless encroachment.This thesis establishes theoretical base of limiting the rang of case monitored from position that the legal character of monitoring and the jurisprudence,inspects the foreign legislation of the range of case monitored,puts forward the legislative principle we must follow when we regulate the range of case monitored ,on the basis, the thesis constructs the range of case monitored for our country. The thesis advances some new concepts by inheriting and innovating.