Study Listening System

Monitor, as a kind of compulsory investigative measures, with controlling crime effectively, may influence the right of privacy in some extent. Citizens’ right of privacy is an important personality right for a modern country, as well as an important content of human rights protection. In order to reduce or avoid impact on citizens’ privacy while controlling crime, many countries have established a relatively complete legal system of monitor, to strictly regulate the scope and conditions for the investigation organ authorized. Legal provisions on monitor were seriously lack in our country before. After the implementation of criminal procedure law, there are still many problems with monitor system, which affects the purpose of this law. For one thing, the citizens’ right of privacy can’t be protected. For another, monitor is legal but not unreasonable. Besides, the public interest also can not get effective guarantee. Although monitor could control the conflict of crime and personal privacy protection, but with the establishment of due process, they are harmony as well. Due process is an important constitutional principle of modern democratic constitutional state, demanding equality of legal procedure, the main body (mainly formal equality), open process and reasonable results. Due process is of great significance to improve the system of monitor. Drawing on the excellent legislative, judicial practice at home and around, with the purpose of the protection of privacy under the due process, this paper tries to put forward new views to improve our monitoring system on the basis of the new Criminal Procedure personal.The paper is divided into three parts:introduction, the body and conclusion. Introduction is about the background of this paper, writing significance, the monitor’s current research and research methods of it. The body is divided into three parts:the first part reviews the problems in the legislation and practice. From the perspective of New Criminal Procedure law, compared to monitor the legal system of other countries’, it analyzes the problems of monitor before and after the implementation of the new Criminal Procedure Law in China, which increases the inherent contradictions of the monitor system, must be to solved if to perfect monitor system with due process. The second part, by analyzing the internal contradictions mainly between controlling crime and the protection of privacy right, looks for ways to slow down the contradictions, that is, namely with due process as a platform to perfect our monitor system. Third part, based on the former two, analysis the startup subject, time, conditions, case scope, approval, the specific considerations, monitoring supervision, data storage and using, and relief ways for damaged rights caused by monitor, trying to put forward reasonable proposals for the due process of monitor.