Legal Regulation Of Monitoring In The View Of Comparative Law

As a new investigative measure,listening is closely related to the development of science and technology.The listening content has also developed from eavesdropping to using various high-tech devices to acquire the communication content of others.Compared with the original surveillance in the past,the modern surveillance relies on high technology,and the scope of eavesdropping is not only limited to other people's oral conversations,but also calls made by communication tools such as telephones and mobile phones.The monitoring of modern meaning is in line with the development of The Times.Everything has two sides.The development of science and technology not only brings various conveniences to the common people,but also facilitates criminals to engage in illegal and criminal activities.The invention of the telephone,for example,has shortened the distance between people.Two people can also talk directly thousands of miles apart.Surveillance is really about "treating people as they are being treated" and fighting the disadvantages of technology with the benefits of technology.The technical,secret and compulsory features of surveillance provide strong support for the investigation authorities to detect some concealed,organized and intelligent crimes,and greatly improve the case detection rate.However,it is precisely because of these characteristics of surveillance that the implementation of surveillance is liable to infringe upon citizens' right to freedom of communication and the right of housing not to be infringed.In a country under the rule of law,the fundamental rights of citizens,including the right to privacy,are protected by law.Only when the social interests or public interests are safeguardedmore than the basic rights of the infringed citizens can the state limit the fundamental rights of citizens.Although the existence of surveillance is reasonable,the protection of human rights is equally important.In order to meet the needs of combating crime and safeguarding human rights,the application,implementation and termination of surveillance are subject to prior supervision,in-event supervision and post-event supervision through detailed provisions of the law,which on the one hand gives the surveillance a legal status,and on the other hand can supervise the surveillance to prevent the abuse of surveillance organs.As a means of crime detection under the new situation,technical investigation measures play a role that traditional investigation measures do not have.Most criminal legislation in most countries around the world authorizes investigation organs to have this power and is widely used in practice,and has been recognized by the international community.At the same time,due to technical investigation is gradually popularization and application in the investigation of a crime,in its role as well as for its increasingly penetrated into all aspects of social life,make citizens activities always exposed under the monitoring of the power even without any secrets or privacy,in the everyday lives of citizens,the normal work brings some concerns and worries,even present a "ferocious" faces.In this regard,the criminal procedure law amended in 2012 in China has completed the authorization of technical investigation measures,which only provides a legal basis for the investigation authorities to decide and implement technical investigation.However,there are still many deficiencies in the provisions of the criminal procedure law of China,which is the nature of control right.Although technical investigation in our country under the rule of law still by road,However,as long as we adhere to the attitude of seeking truth from facts,based on China's national conditions,and combine specific problems in practice,we can learn from the advanced legislation of foreign countries and improve the structural system of technical investigation measures.so as to realize technical investigation in the fight against crime and safeguard human rights ultimacy consistency on the goal.