On The Right Of Investigation And To Privacy

With the wide application of modern science and technology in judicial circles, investigation organs in various countries began to employ technical measures to cope with the changes in crime situation, and to combat crime. Monitoring is commonly used in various countries, for it plays a big role in making up for the deficiency of traditional investigation ways and in cracking down certain special crimes. However, our Criminal Procedure Law doesn't stipulate any articles for monitoring, while in reality, it is widely used. So it is urgent to lay down the law to standardize the use of it.This essay firstly introduces the emergence and development of monitoring system and studies the monitoring system in the United States, Germany and Japan. Then it tries to analyze the status of legislation in monitoring and the reason of its lagging behind. Then it elaborates the existing problems in monitoring from different angles, such as the essence of law, the scope of investigation, the fundamental rights of citizens, and the supervision system. Finally, it expounds the necessity of legislating monitoring procedure in China and the suitable principle in legislation, reflecting on the details in the construction of monitoring procedures.