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Secret investigation and protection of human rights

Author: ZhaoShuSen
Tutor: ZhouJing
School: Shandong University
Course: Legal
Keywords: Secret investigation Human Rights Protection Legalization
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 221
Quote: 0
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Abstract


Secret investigation, there are ancient, but as the modern sense of the secret investigation after the bourgeois revolution in modern times generated. From the political and military struggles extended to the field of criminal justice is a matter for nearly two centuries, and its legal norms only less than a hundred years. The recent two or three decades a secret investigation legislative intensive period, the advanced countries of Western law has generally been presented to this legislation and the refinement of the trend. Legislative norms on secret investigation is accompanied by concern for human rights and the protection of the applicants, is reflected in the private citizen the right to a national public power confrontation. Secret investigation to effectively combat crime at the same time, including within the privacy of citizens pose a threat to human rights. How to balance the conflict between the two? It has also become the current legislative and judicial reform is an important issue. This paper start from the concept of secret investigation to clarify its development context, a detailed analysis of the secret conflict detection and protection of human rights, by examining research extraterritorial secret investigation of the situation and human rights protection design, compared to the domestic secret investigation and the status of human rights protection, proposed secret investigation of human rights protection and conflict resolution methods that the rule of law means. Paper is divided into five parts. The first part of the secret investigation overview. This section is divided into five elements, namely the concept of covert reconnaissance, classification, measures introduced, features, calendar Shiyan Ge described in detail. The second part of the secret investigation and protection of human rights violation. First introduced the concept of human rights and development. Then focus on analysis of the secret investigation and human rights violation. Mainly reflected in privacy, civil autonomy, fair trial and freedom of speech, freedom of communication, housing rights and other constitutional rights. The third part of the secret investigation and mainly on the protection of human rights of extraterritorial status. First, the analysis of relevant international conventions provisions for secret investigation; two is to introduce the United States, Britain, Germany, Japan and major legal state secret investigation related to legislative and judicial cases; three secret investigation is to study the extraterritorial national human rights protection and how to maintain the relative balance. Through analysis, although countries on secret investigation and human rights protection legislation different emphases, but the rule of law and the common feature is that they have a legislative mandate to follow the statutory procedures, judicial relief principles and the necessary supervision. The fourth part of the secret investigation mainly on the status of our country. First introduced legislative and judicial status quo; two in judicial practice is to analyze the main problems. The fifth part of the secret investigation on China's human rights protection and propose ideas, namely, by way of the rule of law to resolve the conflict between the two. The question of what part of the rule of law, why should the rule of law, and how the rule of law three issues and secret investigation of the legislative principles, modalities proposed design; selected representative monitoring, Encouragement for example; Finally, the secret investigation Evidence legalize the latest developments made the introduction and forecasts.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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