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With the development of wireless communication technology, the application of GPS positioning and tracking technology has been popularized in the daily life in Taiwan people, a small number of criminal investigators also use GPS positioning and tracking technology as a weapon for tracking monitoring and gather evidence, however, due to technology equipment such as GPS positioning and tracking to assist in the investigation(Hereinafter referred to as GPS technology investigation). There is no legal basis for authorization in Taiwan, if due to pressure to investigation case and use brashly may be misgiving of illegal investigation, it will also violate the Constitution to protect people's right to information privacy. therefore, how to temporarily stop using GPS technology investigation to against current legal structure defect in Taiwan, through regular education and training of GPS technology investigation, strengthen investigators' sense of law and discipline, gradually promote the legalization of GPS technology investigation, let the investigation case between public interest maintenance and protection of people's right to information privacy be balance, can more effectively avoid investigators due to the pressure of the criminal investigation and take the way of the criminal investigation on the edge of the law, derivative regrets for the Illegal investigation. Looking to the future, in the Internet modern high-tech and information communication society, Crime investigation agency use the new types of scientific and technological investigations such as GPS location tracking auxiliary collect evidence will be more urgent pressing. thereore, how GPS positioning and tracking between criminal investigation and constitutional protection of people's privacy right be balance, in order to effectively prevent investigators due to the pressure of the criminal investigation, take the risk of illegal investigation, It is really a subject that needs to pay attention at the moment. This thesis is based on the court's practical judgment and the opinions of experts and scholars, to explore the evidence ability and evidence proof about the legality doubt such as the investigation of GPS technology location data in Taiwan. In order to balance the investigation of GPS technology and the protection of the people's privacy.
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