美国各州监听立法研究

A Study on the Monitor Legislation of American States

美国有联邦监听法律法规,但各州也根据自己的立法权制定了一些本州的监听法。宪法虽然为美国人权、隐私权提供了有效的保护伞,但自9.11以后,《美国爱国者法案》赋予了美国总统特权,监听扩权问题甚嚣尘上。但联邦层面上对监听问题的监督相对完善,对此的介绍也频见报端,但对各州监听立法的研究却鲜有所见。文章比较详尽地介绍了美国各州的监听立法情况,披露了各州监听立法的内容、执法程序、监督机制等等都不尽如人意,权力监督不力、滥用情况比较普遍,以资我国监听立法借鉴。

Although the federal government of U. S. A has its monitor laws and regulations, each state has the right to formulate monitor laws of their own. The constitution provides effective protection to American human right and privacy right ; however, The Patriot Act endows the president of the U. S. privileges since 9.11 and thus arises the problem of expanding the power of monitor. But the supervision to monitor is comparatively completed on the federal level and introductions to such measures are often reported. However, the study on the states＇legislation of monitor is rarely seen. This article gives a detailed introduction to the monitor legislation in the states and reveals the problems in legislation content, enforcement procedure, supervision mechanism, and the lacking of supervision and abuse of monitor law so as to give a reference to China′s monitor legislation.