A Study Of Legislation On Monitoring Measures In China

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 and limited rights 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 necessary.In 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 three 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 is our country legal necessity of monitor analysis. This article from the investigation of the urgent need to spread the practice, analyzes the defects of surveillance legislation, introduced the beauty, France and other countries of the monitoring system, and puts forward the legal status monitoring measures legalization is the consensus of many countries.The third part is the construction of monitoring system in the initial vision. Articles from the listening style of presentation and legislative monitoring system in China started a number of specific monitoring system designed to analyze the legal system of China's direction.