在职务犯罪侦查中运用电子监听技术的立法思考

Legislative Study of Electronic Monitoring in Investigation of Job-related Crimes

电子监听技术作为技术侦查的主要内容之一,在国际反腐败斗争中一直发挥着重要作用。在我国职务犯罪侦查中合理运用电子监听技术并完善相关立法是非常必要与紧迫的。在借鉴国外相关法律规定及立法模式的基础上,对我国电子监听技术侦查立法提出建议:(1)应将电子监听等秘密侦查方法在刑事诉讼法的基本法律中单独列章予以明确规定;(2)应将职务犯罪尤其贿赂犯罪明确规定在电子监听的适用案件范围之内;(3)严格规定运用电子监听侦查的审批机制。

Electronic monitoring as a means of technical investigation plays an important role in the international anti-corruption endeavor, and it is necessary for China to make legal use of the technology as well in line with the related legislation. On the basis of international experience, this study proposes that the criminal law should have a chapter on secret investigation means such as electronic monitoring, investigations on job-related crimes, especially in the case of bribery, should be clearly identified as applicable to such means as electronic monitoring, and strict approval procedures should be carefully designed for using such means in investigation.