Normative Application Of Network Monitoring Measures From The Perspective Of Investigation Ethics

Investigation ethics has a certain restrictive effect on the relationship between law and power.In the network monitoring measures,it means that the implementation of network monitoring measures by investigators must be regulated by investigation ethics.Although the use of network monitoring measures is of positive significance to the control of crime,if we blindly focus on "investigation and case solving" and ignore the protection of human rights by basic laws,expand irrationally,and constantly violate and squeeze the basic rights of citizens,it will lead to frequent cross-border network monitoring behaviors.In the context of investigation ethics,the application of network monitoring measures in the detection of cases must abide by the boundaries: on the demand for legality,it must accept the constraints and restrictions of basic laws;on the level of soft regulation,it needs to improve the corresponding procedural provisions,follow the spirit of investigation ethics,in order to correct and eliminate the constantly distorted derailment.In the aspect of hard regulation,we should not only penetrate into the ethical value of investigation to improve the application of network monitoring measures,formulate corresponding internal regulation measures,but also formulate corresponding relief ways for the deviant behaviors of investigators,so as to realize the protection of basic rights of citizens.In addition to the introduction and conclusion,the main body is divided into four parts.The first part is an overview of network monitoring measures.This part mainly includes the following aspects: first,the definition of network monitoring measures.Network monitoring measures in investigation are a technical investigation stage,before the definition of network monitoring measures is clear,it is necessary to determine what is a technical investigation means.Second,the program operation of network monitoring measures.In order to prevent the investigative organs from easily applying the network monitoring measures with high possibility of infringement and ignoring the protection of the basic rights of citizens,countries（regions）have relatively strict approval procedures for the application of the network monitoring measures.Third,the technical operation of network monitoring measures.All kinds of network monitoring measures have their specific modes in operation,at present,the most influential network monitoring technology is the FBI’s "carnivore" technology and Russia’s "SORM system".The second part is the adjustment of investigation ethics in the network monitoring measures.This part mainly includes the following aspects: first,the concept of investigation ethics is clear.Investigation ethics is the combination of the internal self-discipline of ethics and the external discipline of the system,which becomes the basic ethical norms that investigators must follow in the process of implementing investigation activities.Second,the influence of the characteristics of investigation ethics on the network monitoring measures.Third,the internal and external adjustment of investigation ethics to network monitoring measures.On the one hand,the internal adjustment of investigation Ethics: the value orientation of the application of network monitoring measures;on the other hand,the external adjustment of investigation Ethics: the normative guidance of the application of network monitoring measures.The third part is the dilemma of the application of network monitoring measures.The network monitoring measure is a kind of compulsory investigation measure with high possibility of infringement.This makes the application of network monitoring measures inevitably conflict with the idea of protecting the basic rights of citizens,and leads to the derailment of investigators when they apply network monitoring measures.At present,there are still many difficulties in the application of network monitoring measures,such as the violation of privacy rights by network monitoring measures,breaking through the legal provisions of the ethics of investigation and the generality of network monitoring measures,impacting the legitimacy of investigation ethics,deviating from the practice of investigation in the application of network monitoring measures,deviating from the ethics of investigation,etc.The fourth part is to restrict the application of network monitoring measures through the hard and soft nature of investigation ethics.This part mainly includes the following aspects:first,the establishment of Boundary Consciousness of network monitoring measures from the perspective of investigation ethics.The boundary of network monitoring measures is that it is a kind of compulsory investigation measure with high possibility of infringement.In order to achieve the purpose of effective investigation,the limit of "degree" should be followed when adopting technical investigation means,that is,to balance the investigation benefit and the protection of privacy.Second,the soft restriction of investigation Ethics: the moral restriction of applying network monitoring measures.It mainly includes: first,the pre regulation of the application of network monitoring measures,and the foundation of adhering to ethics;second,the in-process regulation of the application of network monitoring measures,and strengthening the cultivation of ethics;third,the post regulation of the application of network monitoring measures,and maintaining the bottom line of ethics.Third,the rigid restriction of investigation ethics,improve the legitimacy of the application of network monitoring measures.It mainly includes: first,to clarify the classification of network monitoring measures and cultivate the spirit of the times of investigation ethics;second,to punish violations of network monitoring measures and establish accountability mechanism;third,to build a supporting legal supervision system and correct the value orientation of investigation ethics.