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The Study Of Criminal Investigation Privacy

Posted on:2014-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2256330425465767Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
Privacy is an important civil rights, development of human civilization requires to provide more adequate privacy protection. In the field of criminal procedure, criminal investigation and prosecution of crime and the protection of society with the public interest functions. Do not read the privacy context of development, how to treat the privacy of criminal investigation into a new proposition. When it comes to criminal prosecution and civil personal interest in the value of trade-offs, considering only the traditional public interests at the expense of the value of personal privacy practices have been questioned. This article as a starting point, look for two values of the equilibrium point, through the Criminal Investigation and rational analysis of privacy school, at home and abroad in the control-related legislation and judicial practice, the relationship between criminal investigation and privacy research efforts sector clear the scope of criminal investigations in privacy, and trying to find a way to make the investigation and privacy to achieve a balance between the state and, ultimately, improve the relevant systems for our recommendations.This paper is divided into four parts:Chapter Ⅰ, criminal investigation and privacy. Criminal Investigation and privacy from the basic concept of the Criminal Investigation and the concept of privacy, nature, history and other basic issues studied in an effort to study the object of this article clearer and more clearly defined. Meanwhile, through the relationship between criminal investigation and privacy research, combined with a criminal investigation and the protection of privacy restrictions theoretical basis for the criminal investigation and privacy to sort out the relevant theories, from the level of the theoretical analysis of this issue.Chapter Ⅱ, Criminal Investigation and privacy-related practices. Criminal Investigation and privacy on the basis of theoretical analysis, this chapter through our current privacy practices criminal investigation and analysis of the status of combing clear on this issue in our country’s current situation, combined with conventional investigative and technical specific investigation, the relevant issues are classified discussed.Chapter Ⅲ, the foreign related research and practice. This chapter on foreign criminal investigation Privacy combing theory and assessment, combined with the United States, Britain, France, Germany, practice on this issue, on the issue of foreign status and causes of analysis, analysis abroad Criminal Investigation and privacy interrelationships between basic attitude reference for our country.Chapter IV of the criminal investigation Privacy System. Through the Criminal Investigation and privacy theoretical research, combined with our current problems in practice, in reference to the relevant experience abroad on the basis of a criminal investigation on the Protection of Privacy to reflect on the ultimate combination of our current reality, these a perfect problem to make reasonable suggestions.
Keywords/Search Tags:criminal investigations, privacy, value balance, perfect system
PDF Full Text Request
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