Study On The Secret Surveillance In The Criminal Proceedings

The eleven session of the National People’s Congress passed a new revision of thecriminal procedure law in March14,2012,. Secret monitoring first with basic height isput forward. Secret monitoring as a way to combat criminal prosecution of the specialinvestigative means, having a conventional detection method cannot compare advantage,especially for drug crimes, the crime of corruption, the underworld crime recessive crime.Thus in the modern world is widely used in investigation practice. But behind them theright to privacy is serious intervention and the risk of abuse.The new criminal procedure law comparison of sweeping ambiguity, lack of clearand detailed rules. The purpose of legislation is more focused on the punishment ofcrimes, but ignore the secret monitoring should be restricted. The rule of law and foreignadvanced countries legislation existence certain disparity, despite the secret monitor thisworld has not formed a complete system. And also do not accord with the building of therule of law for the protection of human rights, in accordance with law, build a socialistcountry ruled by law context, based on the concept of procedure justice demands, needsto realize our country secret monitoring of the rule of law, to restrict the public power andthe private rightsThe secret monitor should be considered in its judicial practice the basic situation, toborrow the other rule of law first national strengths, built a set of procedures withChinese characteristics, namely to felony and necessary for the applicable principles, ascautious as the core of the startup mode, with period of restricted use, careful to relief forthe bottom line right safeguard, from the secret monitoring to evidence found materials,linking, layers of regulation, thereby maximizing the secret monitor due efficiency,ensure in punishing crime and safeguarding human rights necessary to reach the balancebetween.