The Legalization Of Monitoring Research

Monitor as a kind of special reconnaissance means, effective fighting crime and timely solve major complex hard case, which attach importance to and attention by the rule of law for the world developed countries. Whether the Continental Law System or Anglo-American Law System countries are in the legislation has been clear about the monitoring of due process, to monitor the application of approval during the start, duration and relief the detailed provisions, and the use of listening to realize in the fight against crime and guarantee human rights achieved good results.But our country the monitoring legislation is lagging far behind the social development situation, many aspects still almost blank. However the judicial practice departments and theoretical efforts and research enthusiasm in monitoring system of govern by law become necessary and possible. In July2010the supreme court of the people’s republic of china promulgation and implementation of the Two Exclusionary Rule for monitor legislation made an opportunity. And the Fifth Session of the11th National People’s Congress on March14th,2008through the about modification of Criminal Procedure Law of the People’s Republic of China decided to increase article148of the provisions of the relevant technical investigation, which provides a legislative basis for our country monitoring of the rule of law.Therefore, in order to construct our country monitor system puts forward legislative suggestions, we should to comparison and analysis on the countries all over the world monitoring system of the legal system evolution, legislative design and operation. This is also the central meaning of writing this article.The article is about thirty-five thousand words, divided four parts to elaborate. By using the method of comparison research method, analysis of monitoring legislation and judicial operation of the advanced experience of developed countries, and put forward to set up Chinese characteristic monitoring system.The first part of the article expounds on the monitoring system of some basic issues, clarifying the connotation of monitoring characteristics and classification, emphatically analysis some special monitoring in the judicial practice,and discussed the monitoring existing jurisprudential paradox and inherent value conflict.The second part integrated survey of the two legal system monitor is representative of the rule by law in the three countries, which is America, German and Japanese monitoring legalization course, and through the comparative analysis, the various countries’ monitoring system with common legislative principles, namely to felony rule, relevance rule, appropriate authorization rule. Summarizes the monitoring system for the value pursuit of the countries all over the world is different and there are generally three types, namely crime control, human rights protection and balance of rights in type.The third part of the monitoring system of local architecture is discussed in this paper, by comparing the result of the investigation, to our country in the monitoring process of the rule of law in the choice of legislation model.The fourth part in monitoring procedure legitimacy design thinking, procedure design and monitor the right relief are systematically expounded.