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Protection Of Privacy Rights In The Criminal Investigation

Posted on:2015-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:L BaiFull Text:PDF
GTID:2296330467452070Subject:Law
Abstract/Summary:PDF Full Text Request
Investigation is an important part in criminal activities, and the primary methodfor our nation to wield the public power. With rapid expansion of state power andcontinued development of modern technology in the modern society, the issues ofinfringing and protecting privacy in the investigation system become more and moreprominent and important. The criminal investigation is a legal infringement towardsthe public’s privacy. This legal system should serve higher destination, which refersto the public security and the public interest. No matter at home or abroad, the issueof the conflict and coordination between the state power and personal privacy whichis as the private right becomes more and more prominent in the modern legal system.Using some private investigation measures attaches great importance to realizing thescientific transform of investigation. Improving investigation techniques is conduciveto crack the crime’s counter reconnaissance and reduce over-dependence on testimony,which is beneficial to improve the efficiency of case breaking. In order to find out thecriminal, some private investigation measures are permitted all around the world.However, it will make the information of privacy let out. So the usage of thesemeasures will interfere the public’s privacy. This paper theoretically analyzes thecondition and requirements of privacy protection in our criminal investigation system,so that the problems of the privacy protection in the criminal investigation system arefound out and then they are further analyzed. We should learn and inspire fromforeign countries in the field of investigation. Through the deep and concrete research,it is expected to find out the balance between the execution of the criminalinvestigation right and the protection of privacy rights, so that it can play an activerole in the balance between punishing criminals and protecting human rights inChina’s criminal procedure law.The paper firstly introduces the status of privacy protection in criminalproceedings, centering on its practical situation and pointing out a series of problemsexisting in the conflict between the criminal procedure and the privacy right, such asthe professional quality of law enforcers, the investigation procedure and supervision, the legislation and the relief system.The paper makes a probing analysis of existing problems in the criminalinvestigation on the basis of raising questions. Proceeding from the effect oftraditional laws, characteristics of investigation measures and procedures, theprotection awareness of investigation organs, the attention given to the relief systemand the realistic difficulty in practice, the paper defines the reasons why theprofessional quality of law enforcers is low, the investigation procedure andsupervision is imperfect, and the relief system is not sound. Besides, the paper furtheranalyzes the conflict and balance between the criminal investigation system and theprivacy right, revealing the reality and the necessity of privacy protection.In order to further study the issues of the privacy protection in criminalproceedings, the paper further discusses the inspirations from relevant features of theprivacy protection system in foreign criminal investigation and advanced foreignexperience through the inspection and comparison of American search and monitorsystems, German monitor and detain systems, the Japanese monitor system, andinvestigation systems in other countries.At last, the paper conducts an initial idea from the following five aspects: how tostrengthen the management and education of investigators, how to enhance theirprofessional integrity and qualities, how to perfect the investigation procedure, howto strengthen regulations and supervision of the investigation right, how to completethe related regulations of investigation methods, and how to perfect the relief systemin judicature. The author hopes to make a contribution to China’s privacy protectionin the investigation system.
Keywords/Search Tags:Criminal Investigation, Privacy Rights, Procedure, Supervision, Relief
PDF Full Text Request
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