Discussion On The Improvement Of Monitoring System In China

With the development of society, high-tech and highly intelligent crimes have becomemajor features of the criminal behaviors. high-tech and highly intelligent crime have highsecretiveness, which brings great challenges to the investigation of a crime. In order to dealwith some major crimes, many national investigation organs have used monitoring means,which have the secretive, high-tech and mandatory. The rational use of monitoring means isnot only conducive to the protection of human rights, but also has a unique advantage in thefighting against crime.Therefore, to establish a sound monitoring system is not only aresponse to the high-tech, highly intelligent crime, but also the basic protection for citizens’legitimate rights and interests.Monitoring legislation in China is relatively backward, and the legal basis on monitoringconsiderably inadequate. Therefore, to improve monitoring system in our country needs todraw lessons from foreign monitoring legislation and practice. Monitoring legislation inforeign countries started quite earlier, according to judicial practice there were reasonablemodifications in the different stages of social development, in order to meet the needs ofcombating crime and protection of human rights. Based on the monitoring system in Britain,the United States, France and Japan, this paper systematically analyzes scope of application,procedural norms, information specifications, supervision procedures and relief program. Itcarries out a summary of the judicial practice application of the monitoring system in foreigncountries, which provides systematic and clear reference for the establishment of monitoringsystem in China. Through the analysis on defects in the existing legislation, this paper fromthe objective theoretical perspective analyzes the historical reasons for causing these defects.By summing the specific application of monitoring system in foreign legal practice, itconducts rational analysis on the existing objective and historical reasons, and exploresspecific monitoring legalization path, which mainly studies from the perspectives ofmonitoring scope, content scope, involved subject, duration, implementation of the program,in order to improve our monitoring system.