On The Legal Regulation Of The Investigation Of "prison Ear" In China

Since the injustice of Zhang Hui and Zhang Gaoping was rehabilitated,the investigation system of eyes and ears in prison has been gradually known to the public.As a means of criminal investigation in judicial practice,it is often used and plays a unique role.However,it lacks theoretical research;there is no clear interpretation of the concept and nature of it,and the relevant legal provisions are very vague.These caused serious abuse of law,leading to a series of problems in practice.On the one hand,one-sided emphasis on combating crime,excessive pursuit efficiency of detection,abuse of eyes and ears in prison for investigation and torture,seriously infringed upon the basic rights of citizens,resulting in more injustice.On the other hand,it is easy to breed justice corruption,and it seriously damaged the judicial credibility and judicial authority.Any kind of means of investigation has advantages and disadvantages,since the implementation of the investigation of the eyes and ears caused such a serious harm,and then want to keep it,it must be introduced to the relevant laws and regulations to regulate it.Including from the start of the main body and the program,the scope and manner of use,and how to use the evidence collected,and establish a regulatory mechanism,and any more.Adhere to the principle of the necessity and the last use,strictly limited use it in the major cases and the detection of the project,thereby reducing the risk,to play its due function.