Research On Legislation Of The Public Video Surveillance

Nowadays,as a social governance method,the public video surveillance has been commonly used by modern countries.Its extensive construction and in-depth application have become an irreversible fact and will continue to be strengthened in the future.In practice,China has built a huge video surveillance network covering both urban and rural areas,which plays an irreplaceable role in social security prevention and control,especially in criminal investigations.However,the widespread public video surveillance is a real issue that cannot be ignored for the infringement of privacy and other civil rights.At the same time,under the mode of government-led construction,supervision and utilization,the proper exercise and effective restriction of public power,especially the police power,has also become a common concern and an urgent problem to be solved.Under this background,the legislation of the public video surveillance is of great significance in the same time.Specifically,it can be used to regulate the setting and use of public video surveillance,thereby protecting the basic rights of citizens,and regulating the operation of police power under public video surveillance,ensuring and enhancing the police’s credibility and authority.The legislation of public video surveillance has both basic and theoretical support.In terms of normative basis,the human rights clauses in Article 33 and the personal dignity clause in Article 38 are important normative sources for the certification of privacy and personal information protection under public video surveillance,as well as an important basis for regulating public video surveillance.The technical investigation clauses in the Criminal Procedure Law can also adjust the behavior of some police agencies using public video surveillance,but it is still difficult to form a comprehensive and effective regulatory system.In the theoretical foundation level,the public video surveillance will restrict the basic rights of citizens,such as privacy and personal information,and bring about the re-expansion of public power,especially the police power.However,the personal rights cannot be completely sacrificed because of security,the two should be equal and the public video surveillance must be regulated accordingly.Therefore,strengthening public video surveillance legislation is also necessary.In the legislation of public video surveillance,local legislation is at the forefront,taking the lead in actively exploring,having formed a legislative pattern based on special regulations of local governments for public video surveillance initially,which has also been reflected in local laws and regulations on technical defense management.In terms of protection of citizens’ rights,local legislation has established a basic framework focusing on privacy protection,and also partially reflected the protection of personal information.However,there are still deficiencies in the setting,use,information storage and destruction,power supervision and rights protection in public video surveillance,which need to be further improved.By sorting out and analyzing the current status and problems of local legislation for public video surveillance,we can see that both the legislative system and the text are not yet perfect.In this regard,this article puts forward some feasible improvement paths and suggestions.On the one hand,efforts will should be made to improve the public video surveillance legislative system,including improving related legislation such as the Police Law,and strengthen the authorization base for public video surveillance settings and utilization;at the same time,continuing to improve the local video surveillance legislative system,strengthen the features of the legislative,and provide sufficient practice Guarantee of the rule of law.On the other hand,in order to improve the specific legal system construction of public video surveillance,the article proposes specific suggestions from the aspects of the setting,use,storage and destruction of information,supervision of rights and protection of public video surveillance.