Technological Surveillance of Communication in American, German and Chinese Criminal Procedure.

Introduction: The Background of the Study - The Three Jurisdictions - Presentation of Problems - Structure of the Study

1. Surveillance of Wire and Oral Communications in the U.S.: Constitutional Protection - Surveillance of Wire Communications and Oral Communications in Federal Statutes - Exceptions from the General Prohibition of Warrantless Surveillance - Procedure - Exclusionary Rule - Empirical Studies

2. Technological Surveillance in the Federal Republic of Germany: Telecommunication - Acoustic Surveillance (akustische Überwachung) - Procedure - »Prohibitions of Evidence« (»Beweisverbote«) - Empirical Reports

3. Technological Investigative Measures in the People's Republic of China: Telecommunication and Art. 40 of the Chinese Constitution - The Inviolability of the Residence and Art. 39 of the Chinese Constitution - Technological Measures in Legislation and Departmental Regulations - Procedural Requirements - Admissibility of Information from TIMs

4. Conclusions with Horizontal Comparison: »Reasonable Expectation of Privacy« vs. »Core Area of Privacy» - Statutory Protections - Procedure - The Exclusionary Rule - Empirical Studies - Final Comments and Suggestions for Reforms in China

Appendix
Reports on the questionnaires
References, Index

Jiahui Shi received her Bachelor and Master of Law Degrees from the China University of Political Science and Law, Beijing, China, and passed the Chinese state exam for legal professionals in 2011. In 2021, she obtained a doctoral degree in law (Dr. jur.) from the University of Cologne (Germany) under the supervision of Professor Dr. Thomas Weigend. Since 2022 she is a research assistant at the Law Faculty, Sichuan University, China. Her research areas cover criminal law, criminal procedure law, comparative law, and the law on privacy.