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Research On Privacy Protection Intechnical Investigation Measures

Posted on:2020-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:L X DingFull Text:PDF
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Withthe development of people's awareness of the rule of law,people pay more attention on the protection of privacy rights,and the need to enact relevant laws to protect individual privacy rights.However,at the legislative and judicial levels,the protection of the privacy rightsin China is not satisfactory.Technical investigations has more intrusivion tian traditional,when the statemates conducting technical investigationswithout the knowledge of the parties concerned.In view of the frequent occurrence of organized crime and high IQ crimes,traditional methods are unable to do such cases.however,technical investigations which present the high technology get more attention.We can see that there is a conflict and interdependence between technical investigation and privacy protection.In order to solve tthe conflict,we need to find a balance point that is to achieve the maximum protection of the right to privacy of citizens when adopting technical investigation measures.The author takes the protection of privacy in technical investigation as the research object and divides the whole paper into five parts to discuss this topic.The first part is the definition of technical investigation and.privacy rights.At first discusses the conception and characteristics of technical investigation,such as high-tech,secretive,mandatory and so on.Then it discusses the conception and characteristics of the right to privacy,such as the vulnerability,the relativity of establishment,and the diversity of content.Through the introduction makepeople have a deeper understanding of the two,and make a pad.for introducting of the contradiction between them.The.second.part is the conflict and balance between technical investigation and privacy.Because the differentfocus between technical investigation and privacy,what one is focus on "public" and the other is "hidden to private",so the confliction between them is inevitable.However,both the technical investigation and the privacy rightshas their own rationality.In the face of this conflict,we can not simply deny one of them,but we should balance the the relationship of them.Investigation agencies have legitimate reasons when conducting technical investigations,and can only interfere with citizens' privacy rights after "due process".The third part is the analysis of the current situation of privacy protection in China's technical investigation.Firstly,this paper introduces our country's achievements in this field.In 2012,the new criminal prosecution law introduced technical investigation measures as an independent chapter.It is a great progress in legislation,and the investigation agencies can adopt technical investigation measures.However,this legislation has many shortcomings,especially in the approval process,relief procedures,and supervision mechanisms,which is easy cause the consequences of the indiscriminate use of technology to investigate violations of citizens 'right to privacy.Our country need to perfect our country's legislation to solve this problem as a written law country.The fouth part introduces the achievements of the privacy protection between civil law countries and common law countries in technical investigation.The civil law countries are mainly introduced by Germany,and.the common law countries are mainly elaborated by the United States.Through the study of comparative law,we find that the two major legal systems have the same points,such as the application of thefinal principle,and the differences,such as the common law system explicitly proposed the concept of privacy,but the civil law countries protected the right to privacy as a personal right.Next,the author introduces the inspiration of comparative research.The fifth part is the idea of protecting the right of privacy in technical investigation.This chapter is mainly aimed at giving a propose solution which is raised by the third department.The state needs to formulate more detailed regulations to introduce the scope of application,approval procedures,and relief mechanisms;In judicial practice,it is necessary to cooperate with the procuratorial organs,let the procuratorial organs to supervise the application of technical investigations as "third parties".The author hopes that his own ideas can play a certain role in the process of promoting the rule of law in technical investigation,and contributing to the protection of citizens' privacy rights.
Keywords/Search Tags:The technical investigation, Privacy rights, Criminal Procedure Law
PDF Full Text Request
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