论文部分内容阅读
日本《通信监听法》自实施以来,对规范技侦手段,制约公权力滥用,打击违法犯罪等发挥出重要作用,但对其反对之声也十分强烈。其监听范围、执行、监督、救济等方面有其自己的特点,合宪性、立法目的、修正案也备受诟病。在依法治国背景下,我国专门监听立法势在必行。以《通信监听法》为镜鉴,构建我国专门监听立法时应注意严格限定监听主体和监听对象、健全审查监督机制、赋予被监听人事后救济权以及实现打击犯罪,兼顾保障人权的立法目的。
Since its implementation, Japan’s “Communications Monitoring Law” has played an important role in regulating the means of detecting Sci-fi technologies, restricting the abuse of public power, and cracking down crimes that are illegal. However, the objection is also very strong. Its monitoring range, implementation, supervision, relief and other aspects have their own characteristics, constitutionality, legislative purpose, amendments have also been much criticized. Under the background of governing the country according to law, it is imperative for our country to monitor the legislation. In order to establish a special monitoring legislation in our country, we should pay attention to strictly defining the main body of monitoring and monitoring objects, perfecting the mechanism of censorship and supervision, giving people the right to be interrogated for relief and realizing the purpose of cracking down crimes and giving consideration to safeguarding human rights.