On The Public Security Organ Telecommunication Monitoring System Of Perfect Legal Supervision

Through the March14,2012amendment to the criminal procedural law will be the measures of technical investigation decision and execution explicitly given to the public security organs, the public security organs in the criminal investigation stage has strong power of investigation was given another enhancement. Admittedly, standing at combating crime, maintaining social stability this crime control model point of view, public security organs have access to personal information, online monitoring, network monitoring, use of machines such as the investigation technical investigation measures of executive power no ground for blame, but the power to decide the right granted to the public security organs and at the same time, very likely lead to public security organs out of the timely collection of evidence of criminal suspects, seized the crime control model of value pursuit, easily start technical investigation measures, expand the scope of the technical investigation measures, to strengthen the protection of human rights is very adverse.When China is in the stage of social transformation of the special period, criminal cases especially has significant social impact of a vicious criminal cases generally has multiple, high incidence of the grim situation, society for public safety psychological bottom line is constantly subjected to impact. Therefore, the investigation organ using telecommunications interception given as the representative of the technical investigation measures, to quickly and effectively solve criminal cases, active against serious criminal offenses, and earnestly safeguard the public security is necessary. At the same time, for the protection of citizens’ basic rights and maintain suspects litigation rights considerations, should also be strengthened to the investigation organ for technical investigation measures of legal supervision, strictly limit the scope of application of technical investigation measures, establishing effective measures of technical investigation of the examination and approval system, continued to strengthen the technical investigation measures and legal supervision. As everyone knows, the fight against crime and the protection of human rights through criminal activities in two main lines, but the legislative original intention of criminal litigation, as a Libra ends, each other mutual and diversionary, mutual and balanced. The correction can avoid, regardless of is based on crime control and human rights protection purposes, focusing on either side, will lead to the imbalance force contrast, destroy criminal pursuit of equity structure, resulting in criminal suit function simplification, deviate from the purpose of legislation of criminal procedure. Therefore, to strengthen the telecommunication monitoring measures of technical investigation of legal regulation, and balance of state power and citizen right conflict, both the crime control and human rights protection dual purpose, entities to achieve efficiency and procedure justice and the value orientation of the original.