Research On The System Of Electronic Monitoring

Wiretap, as an essential method of investigation, has the inner characteristics of hidden, compulsory and technical. For these characteristics, wiretap plays an important role against criminals. However ,also for these characteristics, it easily infringes the human rights, Therefore, there is necessity to crystallize the law nature of wiretap.The application of wiretap should follow principles of legal, judical review, felony, proportion and power remedy.Foreign legislative modes of wiretap include litigation law model, comprehensive law model and special law model which German, America and Japan represents separately. On the problem of application of wiretap, many foreign countries have detailed stipulation on range of application, conditions, term of wiretap and the save, use and destroying of data from wiretap. It also provise how to protect the human rights in the wiretap.At present, the legislation of wiretapping in our country lagged evidently. We have no specified and maneuverable law of wiretapping. The data from wiretap which acquired by investigation department can not adopted in court. There are many reasons for this phenomenon, which include law notion of obligation standard and the judical justice of weight the entity and light the procedure and so on. On the basis of analyzing the legislation and judical status of wiretap in our country , this article gives the suggestions on how to perfect the wiretap legislation of our country.