我国监听制度立法不足及其完善

Deficiency and Perfection of Leagislation of Monitoring System in China

监听作为技术侦查手段之一,为弥补传统侦查手段不足,有效打击犯罪发挥了巨大的作用。但由于监听本身固有的隐密性、强制性,加之我国有关监听的专门法律规范几近空白,使得这一有力武器在打击犯罪的同时又极易造成相对人合法权益的侵犯。因此,我国应当借鉴国外立法及经验,对监听进行立法,使之有效运转,以达到保障公民权利和打击犯罪两种价值的平衡。

As one measure of the technical investigations, monitoring makes important influence in making up to the deficiency of traditional investigative measures and fighting against crime effectively. Monitoring has its own privacy and enforceability. Specific rules of law in our country are almost blank. Due to the reasons above, monitoring seems easy to harm the legal rights of relevant people. We should make legislations on monitoring by learning from foreign experience in hope of meeting the balance between two values of protecting citizen rights and fighting against crime.