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监听作为打击犯罪的技术侦查手段之一,具有技术性、秘密性和强制性的特征,在实践中已为侦查机关广泛采用。一方面丰富和发展了刑事侦查机关的侦查手段,有利于打击和惩罚犯罪;另方面它也容易导致国家刑事侦查权力的膨胀和扩张,从而对公民的通讯自由权和隐私权构成威胁。为了达到惩罚犯罪和保障人权两大价值目标的协调统一,许多国家对监听作出了具体明确的规定。但迄今为止我国没有任何一部法律对之做出规制,导致司法实践中侵犯公民权利的现象时有发生,从而迫切需要立法予以完善。
As one of the means of technical investigation of crime prevention, surveillance has the characteristics of technicality, confidentiality and compulsion, and has been widely adopted by the investigation organ in practice. On the one hand, it enriches and develops the means of investigation of criminal investigation organs, which is good for cracking down and punishing crimes; on the other hand, it also easily causes the expansion and expansion of the power of criminal investigation in the country, thus posing a threat to citizens' freedom of communication and privacy. In order to achieve the harmonization of the two values of punishing crime and safeguarding human rights, many countries have made specific and explicit provisions on interception. However, so far, there is no law in our country to regulate it, resulting in the occurrence of violations of civil rights in judicial practice, which urgently needs legislation to be perfected.