The Research On System Of Communication Monitoring

Crime is becoming more and more complicated as well as hi-tech in recent years, so traditional measures of investigation in criminal cases are often limited to effectively solve the case. A new type of investigation measures such as technical investigation measures arises at the historic moment. Network monitoring, secret identify, undercover investigation and communication monitoring plays a huge role in the process of investigation in criminal cases.As a technical investigation measures, communications monitoring has the feature of concealment, mandatory and technological. It plays a huge role in collecting criminal evidence and arresting criminal suspects, but at the same time, it causes serious infringement of citizens’basic rights provided in the constitution. In order to coordinate the relationship between crime fighting and human rights protecting, communications monitoring should be involved in the legal system.Criminal procedure law of our country sets up a specialized chapter dealing with technical investigation measures, but not the same with provisions of communication monitoring. The main basis of applying communication monitoring at present in our country is criminal procedure law. However, since the provisions are too abstract and the procedures are lack of standardization, it may sometimes cause serious infringement of human rights.Through analyzing the experience of other religions of communication monitoring, such as insisting on the principle of felony, judicial writ, minimum damage, rights guarantee, I have come up with some suggestions regarding the suitable scope of application, examination and approval procedures, notify the reporting obligations, evidence ability and relief program of communication monitoring in our country.This paper is divided into four chapters:The first chapter is the concept and characteristics of communication monitoring. The second chapter is the inner conflicts of communication monitoring, analyzed the adequacy, harmfulness and the necessity of legal regulation of communication monitor. The third chapter is the comparison of communication monitoring in other regions, mainly examining the current situation of communication monitoring system in the United States, Germany and Taiwan, making a summary as well as evaluation. The fourth chapter is communication monitoring system in China. This paper mainly discusses the problem of communication monitoring system in our country, and puts forward the proposal of how to perfect the system, relying on the practice of communication monitoring system in our country...