| In the21st century, with the rapid development of the world economic as well as the improvement of people living standard and science technology, criminal phenomenon becomes complex Criminal behaviors appears multiple, organized, covert, scientific and artificial. Its harm was also increased, so the difficulties in criminal investigation keep increasing. In face of the serious criminal situation, investigation authorities have to seek for a more effective modern means of investigation. Then, Initiative Supervisory Control Investigation which we call ISCI becomes popular all over the world and gets a quick development soon. ISCI is a way which the investigation authority used in some crimes without apparent victims or it is associated with drugs, deception and Internet to monitor the suspects before the crimes appears when it is no help of catching the suspects after they were accused. Criminal monitor is the main part of ISCI, it contains the advantages of scientific and covert, becomes the key to some specific crimes. It plays an important role in solving criminal syndicate, terror crimes and other sever but well organized crimes. Nothing is omnipotent. Despite the criminal monitor could make up the disadvantages of traditional measures of investigation, it can easily encroach on people rights, becomes a potential menace to humanity. At present, the legislation of China’s criminal monitoring system is seriously lagged behind, there’s no regulation on criminal monitoring in the "Criminal Procedure", nor can it be found in the judicial interpretation, only in the "PRC National Security Law" and the "Republic of China People’s Police Law," exists a general regulation of the technical investigations, but no specific definition on the legal nature of the technical investigation, scope, application requirements, application, approval and other related issues, which is not manageable in practice1, but in fact the launch and implementation of criminal monitoring is regulated through Ministry of Public Security and the internal documents, therefore, it inevitably causes the abuse and unstandardization of the implementation of the criminal monitoringTherefore, how to use it properly and deal well with pros and cons is an ordeal of both the national laws and the political intelligence as well as moral ethics. How to slow down the risks at an angle of setting up laws to consummate, how to make full use of monitoring have becomes an realistic problem to be solved imperatively. |