The Study Of Electronic Surveillance System In French Criminal Proceedings

In France, the electronic surveillance system has dual attributes, on one hand is to maintain the public order and stability, on the other hand is to prevent the illegal acts and crimes. By saving the electronic data, the electronic surveillance system can provide evidence materials when a crime occurs. At the same time, it also plays arole in deterrence and supervision. This is where the importance of the exist of the electronic surveillance system. Electronic surveillance system in criminal procedure has experienced several reforms, it has been hovering between "safety" and "privacy", and eventually it tends to protect the social public security. The current "French Code of Criminal Procedure" constructs a relatively perfect framework of electronic surveillance, but still has many defects. As similar authority socialist countries, the design and changes of electronic surveillance system in French criminal proceedings provides a reference for our country.Electronic surveillance system is a kind of technical investigation measures. Many scholars have made much research on it and produced a lot of works. But there is no exact research on electronic surveillance. This article focuses on the French electronic surveillance system and makes a systematic study. And by drawing its essence to provide a template for perfecting our electronic surveillance system in criminal procedure. It shows the electronic surveillance system form system, theory and case three aspects and has a certain depth. In addition, it has associated with investigation and is a interdisciplinary research and has certain novelty.The first part introduces in detail the history of French electronic surveillance system which began with Loi No 78-17 du 6 janvier 1978. Trough the reforms of Loi No95-73 du 21 janvier 1995 d’orientation et de programmation relative à la sécurité, Loi No2004-204 du 9 mars 2004 portant sur l’adaptation de la justice aux évolutions de la criminalité, Loi No2006-64 du 23 janvier 2006 relative à la lutte contre le terrorisme et portant dispositions diverses relatives à la sécurité et aux contr?les frontaliers, le décret 2006-929 du 28 juillet 2006 relatif à la vidéosurveillance pris en application de la loi relative au terrorisme, the French electronic surveillance system was formed and gradually tended to perfect.The second part which is the important part of this article concretely describes the current institutional framework of French electronic surveillance system. After making a simple distinction of general electronic surveillance and the electronic surveillance during the criminal investigation, basing on legislation, this article sums up 8 points which is about the system operation: subject, condition, objection, procedure, duration, saving and destruction of data, using rules of evidences obtained. For the compensation of French electronic surveillance system this article references to jurisprudence and doctrines concerning. The concrete introduction on the one hand facilitates the academic field to have an overview and on the other hand also offers the two parts afterwards the necessary basis. The third part deeply analyzes the issues in applying the French electronic surveillance system. The dispute is mainly concentrated on the spirit of using the system. On the one hand, the establishment of electronic surveillance system is to protect public safety and control crime; on the other hand, while using this system, we should respect the privacy of individual and protect the greatest degree of freedom. After that, it briefly reviews the system and analysis its advantages and disadvantages. Based on the reference of the French electronic surveillance system, the fourth part puts forward some suggestions to improve the China current electronic surveillance system. First of all, we can further specific the procedure of operation this system; secondly, we should further standardize the using of evidences obtained by this system; finally, we should control the abuse of investigation power and respect the privacy of the individual.Owing to the limited length, this thesis has not made comparative study among the world’s major countries. It could be a big shortcoming of this thesis. But fortunately, about the introduction and research of the French electronic surveillance systems, this thesis is quite in detail and new. Maybe it can be a test of a new research path.