Research On Wiretap System

Wiretap, as an essential method of investigation, plays an important role in striking crimes. However, due to its secrecy, technicality and mandatority, it easily infringes the human rights. Therefore, reasonable control should be rendered on it. To legalize wiretap and protect human rights, the eighth item in the second chapter of the lately revised Criminal Procedure Law makes new regulations on technical investigation devices, including wiretap. This is the first time to set basic frame of technical investigation devices in fundamental law, which is also the basic frame of wiretap. Legalization of wiretap has positive significance in the legalization of investigative procedures as well as in the progress of investigative theory. However, through a careful analysis of relevant provisions, it is not difficult to find that the relevant items on wiretap system still have some shortcomings. How to perfect the wiretap system and solve the problems arising from the practice is therefore significant.Research on the wiretap system is divided into four parts in this paper. Part one mainly depicts the legislative evolution of wiretap system. Currently, wiretap is regarded as one of the special investigative devices and been regulated, thus the depiction of the legislative evolution involves the evolution of technical devices. Based on the above depiction, the author then compares the currently exist wiretap systems from the perspective of human rights protection and finds out the shortcomings, mainly concerns the lack of wiretap system regulation and the negation of human rights protection. Part two is a deep-level mining of wiretap system shortcomings, the author proposes three reasons:the restriction of criminal judicial system, the influence of traditional punishment model and the restriction of judicial resources distribution. Part three establishes the Legislative Value Orientation of our country’s wiretap system. By comparing the currently existing wiretap systems in the world, the author suggests that our nation should take the "right balance mode". Part four is about perfecting wiretap legislation; it is also the ultimate end of this article. Based on the above analysis and a careful consideration and study of wiretap systems abroad, the author put forward suggestions to perfect the wiretap system from its principle, scope, term, examination, procedures and responsibility. Ways to protect the targets being tapped, to maintain and guarantee their lawful rights are also proposed to realize a dynamic balance between striking crimes and protecting human rights.