Study On Surveillance Investigation Measures

On March 14,2012,the fifth meeting of the 11 th National People's Congress passed the "criminal procedure law of the People's Republic of China(hereinafter referred to as the new criminal procedural law),the new criminal procedure law is a milestone for monitoring investigation measures of great significance.Because the article 148 of this law has made new regulations on the technical investigation measures in China,the basic law has provided the legal basis for the technical investigation measures.Although the law of criminal procedure is a historic breakthrough,but there are also inadequate: no specific approval process for technical investigation measures,etc.Make that clear,investigation and monitoring measures as important in technical investigation measures,also no clear rules.Nowadays,with the rapid development of social economy,crimes all over the world show new features,which are reflected in the growth of quantity,the variety of types and the concealment of means.These new type of crime to the criminal investigation department detected cases brought great difficulties and pressure,the traditional detection method cannot satisfy the needs of the current criminal investigation work,listening to the investigative measures as an important technical investigation measures,have mandatory,technical properties,such as the criminal of the role of more and more prominent.However,the implementation of surveillance measures is particularly vulnerable to the basic rights and interests of citizens,which can be said at the expense of the private rights of citizens.Therefore,it is necessary to legally use surveillance measures,strictly control the right of approval,and make contributions to the fight against crime.Besides except the preface and epilogue,this article consists of four parts,this paper applies the research method of the comparative law extraterritorial representative of state surveillance reconnaissance measures are studied,through summarizing the characteristics of countries to monitor investigation measures,draw inspiration,combined with the problem of monitoring investigation measures in our country,finally put forward the method to the perfection of our country,is the purpose of this study.The first part of the article elaborated the basic problem of the investigation is to monitor measures,including the concept of monitoring investigation measures,to monitor the nature of the investigation measures,to monitor the inherent value conflicts of the investigative measures and even though it exists conflicts but still use the meaning of;The second part of the representative countries outside of our listening research investigation measures,including the legislation of the earliest American,relatively perfect English,the civil law of Germany,Japan,etc,each country has its own characteristics.Through the comparative analysis between the countries,found that the representative national surveillance reconnaissance measures exist outside of some common principles,these principles to the perfection of listening in investigative measures in China brings important enlightenment;The third part mainly expounds the problem of present price period of monitoring investigation measures in our country,summarizes in the scope of legislation is not fine,not exhaustive,conditions are not clear,the program does not concrete,prominent problems such as lack of effective supervision;The fourth part mainly elaborates is consummates our country to monitor investigation measures put forward some ideas,including the implementation of specialized monitoring the determination of the legislation,ures to monitor the condition of investigative measures and procedures as well as the civil relief rights granted to supervision and monitoring investigation measures.