On The The Listener Legal Regulation

Monitor is a new detection measures. Compared with the traditional investigative measures, it has many advantages, for example, technical, secrecy, mandatory and so on. With the development of crime trends, the traditional detection measures have been difficult to deal with some new type of crime, especially intelligent crime, no particular victim's crime. And monitor is in response to these new types of crime. At the time of improving detection efficiency, monitor also brings some harm. It is easy to encroach the right of correspondence freedom and the right of inviolability of the house and other basic rights. In order to prevent the investigation organ abuse monitor and safeguard citizens' basic rights, it is necessary to set up serious rules to regulate monitor.This paper firstly introduced the concept and characteristics of the monitor, and pointed out that the monitor should be defined in enforcement investigative measures in order to protect human rights. Then the paper introduced some countries and districts' advanced legislative experiences, and compared their laws in landscape orientation. Subsequently, the paper analyzed the competency of evidence of collected information in monitor:the information obtained through lawful monitor can be used as evidence in court, but the information obtained by illegal monitor can not accuse criminal suspects. The illegal monitor can be divided into illegal monitor in authorization and illegal monitor in enforcement. No matter what kind of illegal monitor, information obtained by it can not be used as evidence to accuse the suspect. In addition, there were some special monitor, and the competency of evidence of these information still need concrete analysis. Finally, the article put forward a conceive of legislation on monitor. Currently, there was no direct provision about monitor in china, but in judicial practice, monitor was used by investigating authorities for judicial practice needs and following the world's legislation trend, it is necessary to make laws to regulate monitor. When making the law, we should follow some principles, such as felony principle, the necessity principle, writ principles. Meanwhile, on the basis of referencing and learning other countries and regions' legislative experiences, we can rule monitor both from the substantive and procedural aspects.