Legal Regulation On Our Electronic Monitoring

Abstract：In order to complete the two major commissions: fighting against crime andprotecting human rights, how to control the investigation effectively is not only thechallenge of judicial practice in China, but also a difficult question of theory research ofcriminal procedure. This article, by focus on the study of Electronic Surveillance, stateshow it should be regulated efficiently under the statute, to make it be used legally,transparently，reasonably and orderly. In addition, the article will demonstrate the usageof evidence under electronic surveillance. These kinds of discussions have theoreticalsignificance in procedural domination of investigation in criminal procedure area;moreover, they have the theoretical significance in the enrichment of evidence law.This article, conducting electronic surveillance as the research object, applies theliterature research methodology, comparative research methodology, and case law researchmethodology. The main ideas inside the article are1）By mentioning the considerable usage of electronic surveillance of judicial practice,and the probably negative effects of infringement of fundamental human rights, dig out thereason and necessity of legal control of electronic surveillance2）By comparing the contents that legal control of electronic surveillance of variouscountries, study the trend of development of this kind of control3）Considering the procedure, conditions and range of legal control of electronicsurveillance4）Examining the ability, efficiency and judgmental principles of evidence obtainedfrom electronic surveillance5）Studying on how to practice legal control of electronic surveillance in China to bothreach the goal of investigating crime and protecting rightsThe initial results of the article are1）Electronic surveillance could be restrictedly used in the criminal investigation,however, it should be serious ruled under condition, range, and legal procedure2）Electronic surveillance should be required to follow basic principle, such asprinciple of relevance, principle of felony, principle of judicial review, principle ofproportionality3）Each specific electronic surveillance should be treated differently and regulatedspecially 4）If the evidence obtained from lawful electronic surveillance should be accepted bythe court5）The exclusory rule should be applied in the evidence obtain from illegal electronicsurveillanceThe innovations of the article are1）The research of lawful boundary of electronic surveillance2)The suggestion of probable litigation of basic principle and procedure of electronicsurveillance3)The discussion of effect of evidence and reasonable usage of judicial practice...