| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === With the advancement of technologies such as Internet and telecommunications, the diversification of investigative methods has increased the investigative efficiency of investigative agencies, but also infringed on the constitutional secret communication freedom and privacy rights guaranteed at the same time. The intersection of technology and investigation often haunts doctrine and judicial practice. For example: Retrieving Hibox's fax content, drones, and Internet e-mail monitoring. With the combination of traditional supervision and technology, the most notable aspect of technology and supervision is "satellite positioning tracking investigation."However, how to design the legal system to meet the requirements of principle of investigation principle？This is a common problem that new-type investigations have to face. It can use the Examination of the Compulsory Measure to think about it. The Examination System can divide into two parts.First,we should decide the essence of the compulsory measures.Crime Prevention or Crime Investigation？Compulsory measure or Non-compulsory measure？Second,the Due Process of Compulsory Measures. It can also be said：the principle of Due Process of Law plays a role in the specific appearance of compulsory investigation. Therefore, compulsory measure’s essentials can divide into formal and substantial. Formal essentials of Rule of Law（procedural due process）：Mandatory statutory principle of compulsory measure、the warrant requirement and a written form; Substantial essentials of Rule of Law（substantive due process）：Principle of proportionality and the degree of Moral Conviction.
By the Examination System, it can avoid judicial judgments and the Freedom of Legislation without restriction. Under the premise of balancing the discovery of truth and safeguarding human rights, how should the legal system for satellite positioning tracking investigation be designed? In addition to the warrant requirement of pre-supervision, the procedure should include: supervision in the event and Data handler.And the Moral Conviction of the satellite positioning tracking investigation should be set at probable cause. In the future there will be many investigation methods that we can hardly imagine. We hope that the judicial practice and the legislation can use Due Process of Law properly to moderate the tension between human rights protection and investigative public welfare.
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