On The Construction Of Monitoring In China

Monitoring is a hi-tech crime-detecting method to get crime information secretly. It is an objective requirement of dealing with organized crimes and concealed crimes, as well as an effective method of improving detection efficiency, which provides convenience for investigatory apparatus and threat for civil rights especially the right of privacy at the same time. In order to make monitoring work more efficiently, many countries have made thorough legislative rules for monitoring system, which bestows the right of monitoring on the criminal detecting bodies and also imposes restrictions on abuse of the right by setting strict legal procedures. However, because in China the legislation for monitoring is hysteretic and there are only some simple and general rules for monitoring at present, the detecting practice is lack of concrete guidance and monitoring methods are often abused, which violates citizens'rights f privacy. For the purpose of protecting citizens'rights of privacy, China, from the position of privacy protection, should set the protection of public interests and legal individual interests as an objective under the instruction of concepts of balancing punishment of crime and human rights protection. And then by modifying the monitoring system, China can realize the protection for citizens'privacy.Beginning with some theories related to monitoring and privacy, we should research and conclude the main methods of overseas monitoring system that are applied to protect citizens'privacy. It introduces the conditions of privacy and monitoring system in China, and puts forward solutions of how to establish a monitoring system that is in harmony with the citizen privacy protection based on the Chinese juridical practice.Monitoring makes the conflicts of different interests in the field of crime detection and privacy protection. Specifically, the privacy which is affected by monitoring is mainly constitutional privacy. The relation between monitoring and privacy is contradictory but able to be mediated. On the one hand, there are reasons for the conflict between monitoring and privacy and points out the type of citizen privacy that monitoring may violate, namely communication privacy. On the other hand, theory foundations and practical ways of mediating monitoring and privacy are found. Many countries have made thorough legislative rules for monitoring system. It concludes main ways of overseas monitoring system protecting privacy on the basis of analyzing monitoring legislation in the US, Japan and Italy, which provides foundation for China to follow basic principles and learn some beneficial experience. Chinese condition of privacy and monitoring system is not perfect. On the one hand, there is such a shortage of legislative regulations for privacy protection that it is possible for public power to intervene at will; on the other hand, with regard to standards of monitoring system, there is no express provisions in Chinese criminal procedural law. The lack of legislation leads to the confusion in juridical practice. Thus there are continual conflicts between monitoring and privacy in practice. The solutions of how to establish a monitoring system that is in harmony with citizen privacy protection is very important. First, the constitutional foundation for monitoring legislation, namely privacy protection concept, should be built; then according to the principle of necessity and the principle of relevance, the sphere of monitoring application and monitoring procedures should be set up reasonably, and besides the judicial relief mechanism for people monitored should be established; finally, the monitoring system which is in harmony with citizen privacy protection is formed.