Research On The Development And Improvement Of Communication Monitoring In China

Communication monitoring activities have always been one of the important means for China's investigative organs to prevent and combat crime.The relevant provisions of technical investigation measures were written into the Criminal Procedure Law in 2012.The purpose is not only to combat crime,but also to safeguard national and social security.Safeguarding the basic rights of citizens limits the abuse of public power.However,the new law stipulates that it is very rough,and only stipulates the scope of the applicable case and the general "strict approval procedures".In Article 255 of the "Procedures for the Handling of Criminal Cases by Public Security Organs",the technical investigation is divided into communication monitoring,record monitoring,and whereabouts.Types of monitoring,site monitoring,etc.,which make communication monitoring an independent research area.However,in recent years,there have been no relevant new laws and regulations,so there is still a lack of effective specific procedures in the current legal system to constrain the investigation and communication behavior of the investigation agency.In contrast,the United States,Japan,and Taiwan Province have adopted a more detailed procedural regulation of communications monitoring through special legislation,such as the US Federal Communications Act,the Comprehensive Crime Control and Street Safety Act,and the Patriot Act;Japan's The Law on Monitoring Communications in Criminal Investigations,the Action Plan for Anti-Hacker Countermeasures and the New Strategy for IT Reform;the “Communication Protection and Supervision Law” in Taiwan,etc.,regardless of whether content data or non-content data is set.Strictly different monitoring procedures.As a special investigation method that needs strict regulation,communication monitoring measures,such as applicable rules,specific procedural norms,processing of acquired data and subsequent supervision and relief,need to be targeted according to the characteristics of communication monitoring.Regulatory.