Research On The Legal Regulation Of Network Surveillance

Recently,the rapid development and popularization of Internet technology has changed the means and ways of traditional crimes.Criminals use the network to engage in terrorist crimes,economic crimes,crime of underworld organization and other crimes which seriously harm the national security and social stability crimes have increased sharply.Traditional means of investigation cannot detect crimes effectively,so the application of network surveillance has become a promising technical investigation mean in detecting crimes.Network surveillance plays an important role in improving the efficiency of investigation and increasing the success of criminal prosecution,however,on account of the concealment and compulsion of network surveillance,it is easily to cause conflicts between legal legitimacy and civil rights,as well as conflicts between technology and criminal justice ethics.Although China's criminal procedure law has stipulated the technical investigation measures,the legal norms are too general,which are not specific for network surveillance and other special technology detection methods,so it is difficult to regulate effectively.The UK's covert surveillance has developed early and the relevant laws and regulations are more comprehensive,compared with China.Since both the two countries adopt the same administrative examination and approval model in authorizing and supervising covert surveillance,therefore,learning from the British system has a certain significance to the construction of China's network surveillance.This dissertation is consisted of four chapters:The first chapter is the outline of network surveillance,which mainly introduces the concept,characteristics,necessity and potential conflict of network surveillance.In the second chapter,the current status of the legal norms of network surveillance in China is briefly discussed,as well as analyzing the existing problems and reasons.The third chapter is the comparative investigation of the covert surveillance system in Britain.It introduces the classification,applicable principles,applicable objects,procedural provisions and evidence system of the covert surveillance system in Britain,and compares it with China's technical investigation system.The fourth chapter puts forward some basic suggestions for the improvement of China's network surveillance system from the aspects of substantive law,procedural law,evidence system and right relief.