Online Pursuit And Its Legal Regulations

In this thesis, the definition, connotation, function and foundation of onlinepursuit are introduced firstly and then the comparative study are made between theonline pursuit and the wanted poster, the handling cooperation and the border controlwith the feature analysis of online pursuit as the entry point; the problems in theonline pursuit by the public security organs are expounded, including lack of legalground, law enforcement without license, extended detention, abuse and misuse andfailure to guarantee the litigious right of the captured personnel; after analyzing thecauses, it is thought that the online pursuit is characterized by omission on legislation,vague legal nature, insufficient supporting standard, weak supervision and restrictiondegree and indistinct fault responsibility investigation. On this basis, the constructionof online pursuit legislation is posed and the concrete configuration for improvingonline pursuit is provided from improving legislation, restructuring standard andsystem and strengthening supervision. The author attempts to make legal regulationson online pursuit from system and procedure construction. This thesis includes fourparts:The first part is the introduction to online pursuit. The definition, connotation,function and foundation of online pursuit are introduced in this part and the definitionand connotation of online pursuit are analyzed; the online pursuit is a kind ofspecialized investigation measure for the state organs to perform investigation power;the subject, purpose, object and foundation are also analyzed so as to rediscover theonline pursuit.The second part is the feature analysis of online pursuit. The feature analysis ofonline pursuit is used as the entry point; the author believes that the online pursuit ischaracterized by functionality, enforceability, relative secrecy, technicality andsociality; the author attempts to comprehend the online pursuit thoroughly andcomprehensively through the comparative study between the online pursuit and thewanted poster, the handling cooperation, the border control and the persuasion forvoluntary surrender. The third part is the problem and reason analysis of online pursuit. The problemsin online pursuit by public security organs are summarized through empirical analysis,including lack of legal ground, non-standard use of legal instrument, extendeddetention and abuse and misuse; it is obtained that the reasons for the above problemsinclude omission in legislation, insufficient supporting standard and system, lack ofsupervision and restriction mechanism and lack of fault responsibility investigation.The fourth part is the conception for improving online pursuit. After expoundingthe problems and analyzing the causes, the author puts forward the legislationconstruction of online pursuit. The legislation construction of online pursuit shouldabide by the legal principle, proportionality principle, human rights principle andjudicial review principle; the concrete configuration for the legal regulation on onlinepursuit is posed from improving the legislation, the supporting standard, thesupervision and restriction mechanism, the right remedy and the fault responsibilityinvestigation system.