Construction Of Covert Photography And Video System In China

On the global, the technical investigation has irreplaceable function in the fight againstorganized crime, drug crime. The technical investigation included into the criminalprocedure law has made a key step for the legalization of secret investigation. However,covert photography and video as technical investigation measures is not under the rule of lawwhich became the absence of the legalization of secret investigation. Under the currentsituation of the investigation led by intelligence, it is very important for investigativeorganization to obtain and find evidences by covert photography and video. But as well asother technical investigation measures, it has a great tendency to invade the people’s legalrights. Construction of covert photography and video is to seek a balance between the crimecontrol and human rights protection. This article has four chapters, from differentperspectives of legislation and practice, at home and abroad, analysis of current situationand problems of covert photography and video, and puts forward the constructive opinion.The first chapter, we analysis around the object of covert photography and video’s theory,elaborates from the definition, characteristic and the three aspects of the conflict of the rightsof citizens. It provides theoretical premise for concrete system construction.The second chapter is to investigate the perturbation of covert photography and video atabroad. Through analysing the covert photography and video of continental law system,Anglo-American law system’s countries or areas to sum up the common characteristics anddifferences in foreign countries or regions.The third chapter is to investigate the current condition of practice of covert photography andvideo. Under the condition of insufficient data, this article analysis the current situation andproblems in judicial practice of covert photography and video from the perspective of a fewtypical cases in our country.The fourth chapter puts forward the constructive ideas of covert photography and video inour country. At first, analysis the reason of construction of covert photography and videoprocedure. Then, on the basis of the demonstration of principle in overt photography andvideo, this article puts forward specific procedures and improves evidence apply regulationsof covert photography and video system.