Construction Of Warrantless Monitoring System In China

With the development of scientific technology and the time of informationcoming,crime is becoming more and more covert,organized and intelligent.Traditionalinvestigation means are helpless in front of new crime.The contradiction betweenadvanced criminal means and backward investigation means brings forth monitoring.Many countries under the rule of law in the world regulate monitoring by law.At thetime,they permit the existence of warrantless monitoring under specialcircumstance.This article studies on the basic theory of warrantless monitoring andthe legislation mechanism of it,inspects legislative and judicial practice of countriesand areas ruled by law,propose the idea of how to build warrantless monitoringsystem.There are4chapters of this article:Chapter1makes sure the scope of warrantless monitoring.first,define what’smonitoring, then make sure the concept of warrantless monitoring.At last,introduceseveral common forms of warrantless monitoring.Chapter2research on legislation mechanism of warrantless monitoring.legislation ofwarrantless monitoring is the realistic demand of crime fighting and the objectiverequire of human-right protection.Chapter3is comparative research on exile warrantless monitoring.First,researchwarrantless monitoring system of America,Japan,Hong Kong and Tai Wan SpecialAdministrative Region of China.And then compare them.Chapter4is the construction on warrantless monitoring in China.First,analyze the newCriminal Procedural law,2012.Second,elaborate basic principles which we shouldabide by in construction of warrantless monitoring.Then propose legislative advise onincidental monitoring,consent monitoring and exigent monitoring,including theirimplementation conditions,procedure and so on.At last,analyze evidence capacity ofthese three common forms of warrantless monitoring.