The Problems And Regulations Of Surveillance In Criminal Proceedings

Monitoring,as a special kind of technical investigation measure,is a highly technical and highly secretive mandatory technical investigation measure widely used by most countries to cope with the new changes in crime development.Judging from the judicial practices monitored by countries around the world in recent years,monitoring has played an indelible role in combating triad crimes,drug crimes,and other important special crimes,especially in recent years,as the trend of joint anti-corruption among countries in the world has soared.Cracking down on job crimes has played a leading role.The monitoring of this technique remedies the inadequacies of traditional investigative methods in the detection of crimes and the collection of evidence.It has greatly increased the efficiency of investigations in various countries around the world.However,it should be pointed out that while monitoring plays an active role in the fight against crime,it will inevitably infringe citizens' right to privacy and freedom of communication.Therefore,all countries in the world have made stringent procedural regulations for the approval,initiation,and implementation of monitoring measures in the monitoring system,aiming to effectively fight against crime while limiting the monitoring activities of investigative agencies,balancing investigators and being The relationship between the listeners,in order to maximize the protection of citizens' privacy rights and other rights.In 2012,the revised new Criminal Procedure Law of China added a section on technical investigation measures,and made corresponding provisions on the scope of application of monitoring and other technical investigation measures.However,the new criminal procedure law did not further detail technical investigations such as monitoring.The applicable conditions are specific approval procedures.In practice,in order to adapt to the new changes in the development of crimes,China's criminal investigation agencies have used interception and other technical investigation measures in the course of criminal investigations many years ago.Today,the investigation methods are becoming more and more technical,and the frequency of investigative measures is increasing.The problems exposed in practice have also increased.This has caused the disconnection between China's legislation and judicial practice.Therefore,the legal regulation of technological investigation measures,especially monitoring,has become urgently needed.This article takes the listening connotation as an entry point,explains the basic attributes of listening,and shows the conflict between different values caused by listening.On this basis,we further clarified the universal rules of monitoring systems in countries and regions outside the region,and compared the current status of the monitoring system in China,and explored the problems in monitoring and judicial practice.Further,on the existing problems,we put forward suggestions and suggestions for improving our monitoring system.The.full text is divided into four chapters:In the first chapter,according to the different theoretical definition of the monitoring connotation,it puts forward its own understanding of the listening concept,and it is clear that the research in this paper is a narrow sense of listening.At the same time,it comprehensively analyzes the basic attributes of monitoring,then analyzes the value conflicts of the monitoring system according to its connotation attributes,confirms the positive significance of monitoring in criminal investigations to improve investigation efficiency,and also proposes the right of monitoring to the individuals who have been prosecuted and the public.The concerns of the intervention.The second chapter interprets the universal rules for the legislation of countries and regions outside the region.On the one hand,it introduces the systematic principles of monitoring legislation in the countries and regions outside the region.On the other hand,it introduces its specific procedural norms,and summarizes the common points of monitoring.The improvement of our monitoring system provides reference.The third chapter analyzes the problems and causes of China's monitoring legislation and judicial issues.China's criminal procedural law lacks separate provisions for interception,and it is mentioned only in technical investigations.It also does not specify specific issues such as the execution of interception and the evidentiary power of evidence obtained from monitoring.Based on the problem-oriented analysis of the causes of the problem,we discovered the gap between our monitoring system and countries and regions outside the region.The fourth chapter fully draws lessons from the strengths of the monitoring systems of countries and regions outside the country,and based on the status quo of China's monitoring system,it 'proposes legislative recommendations on the legislative principles and procedural rules of China's monitoring system on the basis of the status of our country's monitoring legislation,in order to improve our country's monitoring.The system will thus promote the development of China's criminal investigation system.