Study On The Allowable Limits Of Wiretapping From The Perspective Of The Core Theories Of Constitutional Rights

As serious crimes increase, such as organized crimes and high-tech crimes,traditional detection measures are facing unprecedented challenges. Therefore,measures of technical investigation are widely used in practice, in order to strickcrimes and protect people’s lives and property security. Criminal Procedure Lawrevised in2012adds provisions about measures of technical investigation, to providea legal basis for its application, and to a certain extent, play the normative andconstrained roles. Criminal Procedure Law preliminarily stipulates the type, thesubject and the procedure of cases applied to technical detection measures, changingthe situation of no law to obey over the years, which makes significant advances inthe development of our criminal procedure. However, using measures of technicalinvestigation is criticized for the ambiguity of the existing laws. The provisions aboutmeasures of technical investigation are too brief, as well as procedure of examinationand approval, the contents and the standards be not illustrated. No doubt there aresome disadvantages which need to be improved.Wiretapping is one of technical detection measures. It can actively help thedetection work to strike crimes. While wiretapping has invasive characteristics, inpractice, if used improperly, may trespass on citizens constitutional rights excessively.So the permission of the technical detection power must be clearly defined. This paperanalyzes the protection scope of basic rights from the perspective of constitutionalprovisions, to determine the allowable limits of wiretapping in our country.This thesis consists of four parts. The first part introduces the researchbackground, objective and significance, reveals not only why wiretapping is toleratedin current legislation and practice, but also the wiretapping allowable limits areblurred. The second part mainly introduces the relevant theories of constitutionalrights and wiretapping, to lay the foundation for the research. It identifies thecharacteristics of wiretapping, to declare that it need be restricted for use.The focus of research is in Part IV and Part V. The author states his positionsabout the allowable limits of wiretapping. In the entity aspects, the paper respectivelyanalyzes limits of cases, human and scenes; in the aspect of procedure, it analyzeswiretapping’s application standards and its programming design. From both, it eventually shapes the allowable limits of wiretapping.