Analyse the Protection of Human Rights in Informatization Investigation in China

Abstract

Criminal proceedings are required to be conducted in accordance with the law. The law stipulates that the protection of human rights is one of the basic principles of criminal proceedings. At the same time, the exclusion rules of illegal evidence established after the revision of the criminal procedure law in 2012 pay more attention to the protection of human rights. The concept of information-based investigation can be traced back to the construction of "national public security information project - Golden Shield Project" proposed by the State Council in 1998. Up to now, more than 20 years of changes in the times and the development of investigation means have made information-based investigation an indispensable part of the investigation organ in discovering crime, preventing crime and solving cases. Although the concept of information-based investigation has been put forward for more than 20 years, at present, there is no specific law to authorize the investigation organ to exercise, and the laws and regulations for its implementation and supervision still need to be improved. Especially when some investigation behaviors in information-based investigation will infringe on citizens' personal and privacy rights, the protection of human rights in information-based investigation has to attract the high attention of legal circles and interdisciplinary scholars. This paper will focus on the analysis and suggestions on the regulation of information-based investigation from the perspective of human rights protection in criminal procedure.