Difficulties In Conviction Of The Crime Of Unlawfully Using Of Special Equipment For Eavesdropping Or Secret Photographing

The correct treatment of the crime of illegal use of wiretapping and stealing special equipment depends on the correct understanding of the interests of the protection law.The legal interest protected by this crime should be interpreted as the order of the use and management of special devices for eavesdropping and secret photographing.This crime is in the section of "crime of disturbing public order",and the administrative order should have the attribute of "public order"."Public order" should be a state of social operation with a sense of organization,stability and security,which is formed when the majority of people do not obey the social standards as a whole.Instruments or devices special equipment as those for eavesdropping or secret photographing state control class,is an important tool to use when performing special tasks,"criminal procedural law" the espionage act and other relevant laws,in its use of the main body,scope,time limit and so on has made the strict limit,constitute the use of wiretapping or photographing secretly special equipment management order,and is also a part of the "public order".Specific contents shall include state security and public order,citizens' freedom of life and property security,and the work benefits of enterprises and public institutions.Special devices for eavesdropping and secretly photographing shall refer to unconventional devices that can be used in a disguised or hidden way and are specially used for eavesdropping and secretly photographing."Theft" is a feature of the use of such equipment.To be recognized as "theft",the camouflage or concealment should reach a level that is difficult to be perceived by people or can only be detected by means of tools.In combination with the historical development of today's technology and eavesdropping,the content of "listening" should not be limited to the content of sound information,but also include the content of data information."Secret photography" refers to the use of special equipment,equipment,secretly recorded the static or dynamic picture of the secret photography object."Special" means that the function nature of this kind of equipment is dedicated to the implementation of "eavesdropping,secretly photographed",and does not have a conventional property,different from the general class of audio recording,video recording equipment.The identification of wiretapping and secret photographing equipment also requires an expert opinion from the public security organs.When hearing a case,the judge should explain the reasons for accepting the expert opinion so as to enhance the credibility of the judgment.According to the interpretation of the system,"use" shall be identified by the functional characteristics of the special devices for eavesdropping and secretly photographing,and the use of the functions not enabled by eavesdropping or secretly photographing shall not be included in the scope of "use".At the same time,it is not limited to "self-installation for self-use".Anyone who invades the program of eavesdropping or secretly taking photos of special equipment used by others to conduct eavesdropping or secretly taking photos shall also be considered as the "use" of this crime.The public security organs are the legitimate users of the special devices for eavesdropping and secret photographing.The scope of use and the procedures of use are restricted by relevant laws.The use period is three months and can be extended,but not more than three months at a time.No right to use and use and have the right to use and abuse are "illegal use",in which the reporters secretly visit and use and self-help behavior under the private evidence and use can stop the illegal behavior.The crime of illegal use of wiretapping and secret photographing equipment has the premise of causing serious consequences,but there is no judicial explanation and guidance case to specify the "serious consequences".According to the judgment of the case on "serious consequences",and in combination with the current use of wiretapping and secret photographing special equipment,it is proposed that the "serious consequences" of this crime are that the wiretapping and secret photographing contents are widely spread,the victim's reputation,reputation or mental damage is damaged,the wiretapping and secret photographing unit suffers major economic losses,etc.In the subjective aspect,the fault of this crime should be the result type fuzzy fault,the actor should use the wiretapping,secretly taking photos of its special equipment behavior should be out of the intention,and have the basic foresight to the "serious consequences".The cognizance of wiretapping or photographing secretly dedicated equipment professional degree is higher,the offender has in fact know the possibility of error,should be comprehensive actor function understanding of wiretapping or photographing secretly special equipment,the social harmfulness cognition,judge whether the actor the possibility of understanding with the fact cognitional error,such as existence fact cognitional error,should according to the statutory conform to,within the scope of the subjective and objective can be imputation.