Monitor System Research

Monitor is the world's most countries in response to changes in crime by means of a new means of high-tech detection measures compulsory secrecy. Monitor the implementation of measures to compensate for detection routine investigative measures in criminal facts identify deficiencies in the fight against serious crime or some special type of crime has played an indispensable role. What should I see that as a non-compulsory investigative measures in the open, listening may help to expose the facts of the crime and the criminal evidence collection, but its citizens rights and freedom of communication constitute or may constitute an infringement of privacy is is an indisputable fact. In view of this, national legal system monitoring component, generally around empowering (allowing investigative measures for detection monitoring), and limited rights (the right to monitor the exercise of investigation to set strict conditions) and to start, which reflects the fundamental to trace the double crime and protection of human rights values of the game and contest. Although our law allows, in exceptional circumstances can apply to technical detection measures, but has not made a clear detection measures on monitoring requirements. In sharp contrast, the practice of investigation, monitoring detection measures been widely used, has become the investigating authorities find out the facts of the crime is a major "magic weapon", which highlights the seriousness of the lag monitor legislation, therefore, how Construction of China's legal system of monitoring for the detection of practice to provide a clear legal basis to become a legislator can not be faced with the task of relief, and in the legislation before the legal system for monitoring system related issues, it is particularly necessaryIn this paper, listening to clarify the concept, characteristics, classification and nature of the basic theoretical issues, this paper introduces and comments on the common law and civil law countries, monitor the major legislation, then describes the legal system of monitoring the status and defects, and finally how to Constructing a legal system of China's national conditions proposed document listener some reference comments and suggestions. Paper is divided into four parts:The first part is the overview of the monitoring system. First introduced the concept of monitoring, characteristics, classification and properties, and then explained the concept and features of monitoring systems, and finally, mainly from the perspective of human rights protection monitoring system of value analysis.The second part of the monitoring system of extraterritorial legislation Studies and Implications. First introduced the United States, Britain, France and Germany and other countries in the monitoring status of the legal system, and then summing up the monitoring of these countries on the basis of legislation reached the following revelation, the legislation establishes a felony of foreign monitoring principles, no alternative principle, the minimum principle, principles and rights of judicial review relief principles.The third part is the status of the legal system of monitoring and defect analysis. Legislation of monitoring the following shortcomings: the legal basis for true; monitor the implementation of the main failure; supervision mechanism is not perfect; the lack of procedural system; the right to remedy the absence of the parties.The fourth part is the construction of monitoring system in the initial vision. Article that the future monitoring of the construction of the system from the following aspects:First, establish a "Code of Criminal Procedure," provides for the principle in the legislation with the specific combination of monitoring legislative model; Second, reasonably determine the scope of monitoring; Third, the requirement for strict monitoring conditions; Fourth, the specific implementation of monitoring procedures; Fifth, strengthen the protection of the rights of people being monitored; sixth, provides relief to illegal eavesdropping.