The Law Regulation and Legislation of New Scientific and Technological Investigation Methods – Taking Location Tracking as an Example

• Main Authors: Lin, Tzu-Hsiang, 林梓翔
• Other Authors: Lien, Meng-Chi
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/5mnt95

碩士 === 國立清華大學 === 科技法律研究所 === 107 === The rapid development of modern science and technology, when the judicial police encountered the need to conduct location tracking, the traditional manpower and supervision methods in the judicial police manpower tight, it is inevitable that some efficiency is not good, so the use of new technology devices to track crime may be the future of law enforcement agencies one of the options considered. However, after analyzing the current regulations, this thesis believes that the current regulations, such as the Communication Security and Surveillance Act or the Code of Criminal Procedure , and other regulations are not suitable for the location tracking of new forms of technology, and the legal norms are incomplete. In this case, this thesis takes the four categories of GPS satellite tracking device, RFID radio frequency identification system device, monitor tracking device and unmanned vehicle tracking device as examples to discuss how to establish appropriate legal norms to solve the dilemma of law enforcement agencies. The conclusion of this thesis is that different tracking devices, methods and their characteristics should be classified according to the level of infringement of people's rights that may be caused, and different procedural rules should be given for different types of location tracking methods.