秘密监听证据适用规则研究

On the Feasibility of Secret Monitoring in Evidence-Collection

秘密监听对公民宪法所保障的权利和自由产生了威胁,但是对侦查日益智能化的犯罪又是不可或缺的证据收集方式。从适应刑事庭审方式对证据要求的角度对秘密监听加以规范,使其以最小化的侵犯公民权利、自由的方式,达到证据收集效率的最优化,使以秘密监听收集方式获得的证据不致因违法而被排除在法庭之外。从理论上解决秘密监听证据适用规则,使秘密监听获得的证据能够最终被作为定案依据。

Basing their studies on the fact that secret monitoring is an impingement on the rights and freedom of the citizens as guaranteed by the Constitution on the one hand, and a useful method in collecting evidence for highly intelligence-based crimes and offences on the other hand, the authors hold that measures ought to be taken to minimize the threat secret monitoring has to human rights and rationalize it in evidence collection in a more balanced manner so as to prevent it from being ruled out. Detailed regulations ought to be formulated to standardize secret monitoring so that data collected from this method may be legally valid in the court.