Research On Communication Supervision System In Taiwan

Taiwan has established a relatively complete system of communication supervision,in order to meet the practical needs of criminal cases,but also strive to build the legal protection of the basic rights of citizens,such as freedom of communication.It is not only of great theoretical significance,but also the experience and lessons of the rule of law in China's Taiwan region to have a great reference value to the construction of the relevant system in the mainland of china.In addition to the introduction and conclusion,this thesis consists of four parts,totaling about 33700 words.The first part is a brief overview of the communication monitoring system in Taiwan.Since the China's mainland doesn't have the concept of communication supervision,this article will first define the concept and nature of communication supervision,and then clarify the legislative purpose and standard principle of communications monitoring,history of the protection and monitoring of communications in Taiwan "law" finally briefly in China and its law characteristics.The second part analyzes the main characteristics of the communication monitoring system in Taiwan.First,communication monitoring system in Taiwan area to build a single law as the center of the legal system,with detailed specification,repair method of flexible and efficient features;second,through the communication concept and supervision scope,supervision scope of the case of the broad definition,so the communication monitoring system in Taiwan area has a very wide range of coverage;third,"protection and monitoring of communications from the writ issued,the practical implementation,data processing,supervision procedures,rights relief 6 aspects and illegal responsibilities for communications monitoring procedures detailed regulation.The third part analyzes the main problems of the communication supervision system in Taiwan.First,continue to relax the scope of communication charges supervision cases is too wide and the emergency monitoring requirements,reflects the communication supervision system in value orientation from the protection of rights to offset against crime;second,criminal communications monitoring and intelligence communications monitoring in accordance with a single law,embodies the mixed mode of legislation;third,a large numberof books issued by the communication supervision and violation of the principle of proportionality "blind blind recorded prison execution mode,reflects the communication in practice in the use of flood monitoring.In the fourth part,the author analyzes the problems existing in communication supervision in mainland China,and tries to put forward some suggestions.Mainland communication supervision in China mainly has the following 6 issues: the applicable scope of the case did not implement the principle of a felony,in violation of the criminal procedure law mode of administrative examination and approval requirements,without restrictions on the extension of communication monitoring and lack of supervision by the number of people,to remedy the monitoring of communications materials and evidence ability too careless,legislative norms not an object set the necessary exception;should be improved from 5aspects: the scope of supervision strictly limit the communication communications monitoring start-up procedure and standardize procedures,strengthen supervision and supervision of the communication rights,perfect communication supervision has the exclusionary rule of evidence and use.