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A Study of Legislation on Monitoring Measures in China

Author: ChenZhenYu
Tutor: WangJinLan
School: Anhui University
Course: Legal
Keywords: Monitor Privacy Building
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 32
Quote: 0
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Abstract


Listeners, most countries in the world for the new changes and respond to criminal means a mandatory investigation by means of high-tech secret measures. The implementation of the listener investigative measures to compensate for the lack of conventional investigative measures to find out the facts of the crime, and has played an integral role in the fight against serious crime or some type of crime. But we should also be seen as a non-public compulsory investigative measures, the listener favor disclosure of the facts of the crime and collect evidence of a crime, but, constitutes or may constitute an infringement of citizens' right to freedom of communication and privacy is an indisputable fact. In view of this, States to monitor the components of the legal system, generally focus on the empowerment and limit the right to expand, which reflects the fundamental trace the crime and the protection of human rights double value orientation game and contest. Although our law allows the technical investigative measures can be applied in exceptional circumstances, but failed to make specific provisions to monitor investigative measures. In stark contrast, the investigation practice, the listener investigative measures been widely used, the investigation authorities to investigate the facts of the crime has become a \This highlights our listener legislative serious lag, how to build our listener legal system, and provide a clear legal basis for detection practice, has become an urgent task facing legislators, legislation before the listener issues related to systematic study of the legal system, it is particularly necessary. Clarify the listener's concept, characteristics, classification, and the nature of the basic theoretical issues from the start, and expounded the of our listener legal system of the status quo and defects, and then introduces and comments on the listener legislation of common law and civil law countries, and finally how build a legal system in line with China's national conditions, listener reference observations and recommendations. The text is divided into three parts: The first part of the listener system Overview. First introduced the concept of listening, characteristics, classification and properties, then elaborated listener system concepts and features, the last major the listener research value of the system from the point of view of the protection of human rights analysis. The second part is the analysis of our listeners need for legalization. Articles from the investigation of the practice, an urgent need to expand, analyze of our listener legislation exist defects, monitor the legal system of the status quo of the United States, France and other countries, put forward the listeners measures legalization is the consensus of many countries. The third part of our the listener system build the initial ideas. Articles from listener legislative style presentation and expand our listener system several specific design, analysis listener Legalization of direction.

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