Research On The Legislation Of Electronic Surveillance In Prisons

In May 2013,Zhejiang Provincial Department of Justice first implemented the concept of "To create the Modern Prison with Intelligence and Civilization in China".After 4 years of continuous efforts,all regional prisons have significantly improved the construction of infrastructure,security and safety facilities,logistics and supply systems,information technology and many other functional units.A four-tier management of commanding center has been set up,to achieve full coverage of electronic surveillance systems that allows 24-hour uninterruptible video surveillance over three criminal scenes.While electronic surveillance systems have been playing an important role in prisons,it also infringes the legitimate rights and interests of prisoners and policemen on a certain level.However,there are very few laws and regulations in China about electronic surveillance,and the electronic surveillance in prisons has been a "lacuna" in laws for a very long time.With the rapid development of information technology,there is a raising need of studying the relevant legal issues on the electronic surveillance systems,and exploring the feasibility of legitimating electronic surveillance in prisons.It will not only specify rights and duties of judicial offices when they implement surveillance policies,but also provide the reference and fundamental for the legislation of electronic surveillance in China.The first part of this thesis is the introduction.The second part includes analysis on the necessity of the legislation of electronic surveillance in prisons.The author reviews the current lack of the legislation of electronic surveillance in prisons and its consequence,and talks about the importance and reasons to legislate electronic surveillance in prisons.The third part provides proof of principle on of the legislation of electronic surveillance in prisons.The author focuses on:1.the conduction of survey and data analysis proves "electronic surveillance invades the privacy of prisoners and officers in prisons".2,relate the detail-oriented study on the legal implication of such privacy invasion.The forth part proposes conceptive design and planning of the legislation of electronic surveillance in prisons.Based on the current lack of the legislation of electronic surveillance in prisons,the author proposes suggestions to ameliorate the legislation of electronic surveillance in prisons with approaches,principles and contents.The fifth part summarizes the arguments of this thesis.