英文摘要 |
The technological advance and improvement lead to many new legal issues. The protection of “communication activities” is one of the most important topics. By adopting the main conception of “human rights and privacy protection” in American and Germany legislation, Taiwan has already amended the Communication Security and Surveillance Act (CSSA) on January 29, 2014. Under section Article 11-1 of the CSSA, the law enforcements need a warrant to access information of the communication records and communication user data. The Ministry of Justice ruled on August 25, 2014, stating“the law enforcement can access communication user data without a warrant because it does not regulate under CSSA”. Because of hasty legislation, the CSSA has many problems in need of amending the law to solve again. It is important issue how to highly effective criminal proceedings and protection of human rights and privacy for the modern criminal law. However, whether CSSA’s amendment could be suitable for Taiwan’s legal system which is influenced by American and Germany’s theories would be a core point to be concentrated. The author will explore these problems in view of American and German criminal law and practice. |