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Privacy Protection In The Criminal Investigation Procedure In China

Posted on:2008-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhongFull Text:PDF
GTID:2206360245482563Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It made a claim for higher demand to protect right to privacy with the development of civilization.The criminal investigation procedure although could limit people's right for the public interest but also should strengthen the protection to right to privacy. But it is comparatively short of restrict to criminal investigation procedure in our present criminal procedure law. In investigation procedure, citizens' fundamental rights, especially the right to privacy which is new and external, are not representing in our present law. So it is hard to be protected effectively in juridical practice. The enforcement arrangements, such as search,distrain,monitor,surveillance,compulsive sampling and inquest may impinge on suspect's right to privacy in investigation practice. Compared with foreign related system, we find that the legislation about criminal investigation procedure is mature and have more restricts to enforcement arrangements in some countries. They protect the right to privacy more particularity. So we should do something to perfect the system of protecting to right to privacy in criminal investigation procedure such as make our rules more detailed, crack down on investigator who disobey the rule and redress the victims in procedure.
Keywords/Search Tags:criminal investigation, privacy, right to privacy
PDF Full Text Request
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