| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 96 === Communications monitoring of the judicial police investigation of criminal means one of the weapons, is their secret way to collect information on crime, criminals found to be difficult, it can be effective detection of the crime, so far is still the judicial police unit detected drugs, corruption, bribery cases An effective weapon. However, the rising sense of democracy, supremacy of the people's rights and interests of society, excessive use of communications to monitor the investigation of the crime, caused the people of the extreme fear of persecution. So the end of 2007, China's protection and monitoring of communications, issued a formal communication will be monitored on the right to return to the court, the Department of Justice is the main location of the fair, more people will ensure that the constitution protected freedom of communication secret, and the other with procedural justice.
"Personal protection" and "safeguard the public interest" balancing, monitoring communications to obtain evidence, the evidence does not necessarily have all the capabilities required by a judge in accordance with the law modest choice, will not cause the investigation authorities for the purpose of detection on the infinite Program to monitor the use of means of communication, and even violations of human rights and I do not know.
This paper from the United States, Japan and China's communications monitoring system to measure the ability of the evidence standard, the Court of the Study of actual cases, evidence that communications monitoring data, taking into account the "people's basic rights are not protected against illegal" and "suppression of crime The real entities "two main purposes, with evidence of the ability of the standard.
"Communications security and surveillance law" set, China's move towards democracy, rule of law an important indicator of a country, and will be issued permission to return to monitor the vote, the full implementation of the protection of human rights, thus, how light of the legislation of foreign countries, learn from other countries The rule of law and practice experience, and view and assessment of China's existing communications security and monitoring of the advantages and disadvantages, so that communication can better monitor the rule of law, human dignity can be better achieved maintenance requirements of the law amending the law the next important issue , This light of analysis of foreign communications and monitoring of legislative and practical operation of that period can be as the formulation of China's legal system to monitor communications with relevant policies and legislation on the reference.
|
|---|
