A Research Into The Legal System On Monitoring

Monitoring is a kind of mandatory investigative measure of high technology andsecrecy, commonly used in most countries of the world, to responses to thedevelopment and changes of crimes. It is playing an important role in combatingDuty crimes, Organized crime, Drug offenses, and so on, covering the shortage oftraditional investigative measures in uncovering crimes and collecting evidences.However, this kind of measure may inevitably invade people’s privacy when playingan active role in waging a struggle against crimes. Many countries have enforcedstrict judicial procedures for approving and carrying out this measure to avoidmisuse, so that they can protect people’s privacy and combating crimes at the sametime. The newly amended Criminal Law stipulates the scope of case in whichinvestigative measure can be used, without contents of conditions and procedures. Infact, some criminal investigative organs have adopted this measure to fit the newsituation. Our criminal legislation is out of line with judicial practice as a result, andwe should brook no delay to make up relative statutes.This paper interprets the concept and character of monitoring, and analyzes theability of evidence, significance of monitoring and the following challenges. Whencompared with foreign countries, it elaborates the present situation and problems ofour country, and put forward some suggestions for improvement. This paper includesfour parts.Firstly, the author introduces opinions on the concept of monitoring, in view ofdifferent definitions in other counties of the world. And analyzes the legal propertyof monitoring as well as the evidential ability of gathered materials from monitoring.Beside, the author discusses significances and challenges of monitoring, mainly about the harms that it brings out while combating crimes. And concludes that strictapproving law is the best way to avoid tort.Secondly, the author sums up three kinds of monitoring model throughcomparison method, which are human right safeguard model, crime control modeland right balance model. Other countries’ experience of balancing investigatingcrime and protecting human right could be used for reference in our legislation.Thirdly, the author elaborates the present situation and problems of our country.The Criminal Procedure Law of our country is too simple, without providing thecontents of some important problems such as starting and carrying out of monitoring,adopting and destroying of evidence collected through monitoring. In fact, ourinvestigative organs have adopted this measure widely to fit the new situation. Ourcriminal legislation is out of line with judicial practice, and directly result in thelacking of procedural restriction of monitoring, and this certainly has no good forpeople’s right of relief.Fourthly, the author compares monitoring systems of some foreign countries,andelaborates the present situation and problems of our country, then put forward somesuggestion on basic principle, application conditions and implement procedure. Inthe end, taking our country’s condition into accounts, the author brings about theopinion of drawing lessons from other countries’ mature experiences of legislate toperfect the legal system of monitoring in our country.