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科技进步在促进社会发展的同时也为一些新型犯罪形态的滋生提供了某种技术上的支持。一些传统的犯罪形态也因为采用了“技术性装备”而使得刑事侦查变得异常艰难。对于某些案件一般的侦查手段难以奏效。因而对诸如监听、密拍、利用计算机进行信息拦截等秘密侦查措施的使用也就成为必然。但是这些特殊技术侦查手段的不合理使用会给公民个人权利构成极大威胁和损害。这就使得侦查部门处在一个两难境地:如何在打击犯罪和保障公民权利之间寻找到一个平衡?因为权力和权利关系的处理和制度安排是否得当往往成为衡量一个国家法治状况的“晴雨表”。本文拟从我国刑事案件侦查中秘密侦查措施使用的现状入手,探讨一下在侦查实践中应如何合理使用这一特殊技术侦查手段。
While technological progress has promoted social development, it has also provided some technical support for the breeding of new forms of criminality. Some traditional forms of criminality also make criminal investigations unusually difficult because of the use of “technical equipment.” For some cases the general means of investigation is difficult to work. Therefore, such as monitoring, secret filming, the use of computers to intercept information such as the use of secret detection measures have become inevitable. However, the improper use of these special techniques of investigation will pose a great threat and damage to the individual rights of citizens. This makes the investigation department in a dilemma: how to strike a balance between the fight against crime and the protection of civil rights? Because the proper handling of rights and rights relations and institutional arrangements are often the “barometer” of the state of law in a country, . This article intends to start with the current situation of the use of clandestine investigative measures in the investigation of criminal cases in our country and discusses how to use this particular technique of investigation in the investigation practice rationally.