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Study on the Crime of Unlawfully Using Any Special Equipment for Eavesdropping or Secret Photographing

Author: MaYongGang
Tutor: HuangKaiCheng
School: Southwest University of Political Science
Course: Legal
Keywords: Unlawfully using special equipment for eavesdropping or secret photographing Constitutive requirements Elimination of illegality Legislative perfection
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 32
Quote: 0
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Abstract


Be accelerated gradually with the fact that march on without cease times and society develop speed’s, all kinds of high and new technology development swift and violent, facilitating let us realize a lot of revolutionary character that high technology brings about to life really. By the same token, be in the national security field, eavesdrop, steal according to equipment and material as in common use spy a weapon, development has already been arrived at by be impossible to prevent condition of person; One eavesdropping, stealing according to special-purpose equipment and material as the investigative organ usage in civil suit field, grows a secret investigating means, face to face find that commit a crime, verification commits a crime, punishment commits a crime being bringing the important effect into play. But, be to restrain if stigmatism does not give law to eavesdropping,’to stealing according to special use equipment and material, to be going to certainly pose a threat, infringe upon even to civil basic human rights with the problem that accompanies each other. Become market-oriented swiftness and violence accelerates especially with the fact that this is similar to special-purpose equipment and material.The boundary having been in progress first to the relevance concept being put into use illegally eavesdropping, committing a crime secretly according to special-purpose equipment and material fixes the main body of a book, important condition carries out research, the basis is listed in here and with regard to the formation being put into use illegally eavesdropping, committing a crime secretly according to special-purpose equipment and material, commit a crime to relevance couplet carrying out comparison research, some suggestion of the criminal legislation to look forward to eavesdropping to setting mind on illegal usage, committing a crime secretly according to special-purpose equipment and material being able to be sober, knowing, and bringing forward perfect present specifically for legislation defect currently in effect. The full text contains more than 21,000 Chinese characters, which reads as follows:PartⅠ:Summary cited the illegal use of the Chinese criminal law eavesdropping equipment according to specific crime legislative history and France, Germany and other countries of the Criminal Code on the illegal use of eavesdropping devices according to specific crime-related legislation. PartⅡ:Important condition having discussed formation such as using aspect to eavesdrop illegally, stealing according to the object, objective aspect, the main body, subjectivity that special-purpose equipment and material puts the blame on detailed. This crime has infringed upon the country administration order to eavesdropping, stealing according to special use equipment and material, the talent causing serious consequences has had the criminal the sex breaking the law and penalty but has punished nature and, the boundary fixes the concept this part having been set forth detailed being put into use illegally eavesdropping.PartⅢand PartⅥ:This crime and illegal usage is eavesdropped, is cast light on special-purpose equipment and material crime secretly and is that the secret, intelligence stealing, detecting, bribing, providing the country illegally outside boundary put the blame on, use the country to.eavesdrop illegally, secretly, put the blame on according to special-purpose equipment and material and gain illegally confidential crime, illegal usage wiretap, secretly towards special-purpose equipment and material crime comparing with illegal childbirth, marketing spy special-purpose equipment and material crime be in progress parallel.Part V:As regards, use the legislation defect that equipment and material puts the blame on and criminal legislation of relevance improving and perfecting to eavesdrop illegally, steal according to special use. Emphasize four secondary following aspect being in progress perfect: Once be behavior should will encroach on personal right of privacy gravely give commit a crime-relation; Two is to eavesdrop childbirth, the marketing, to bring into secretly according to special-purpose equipment and material criminal act other relevance accusation; Three are to set up in order illegal usage eavesdrops.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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