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监听作为执法机关对抗犯罪、收集证据的一大利器,已在司法实践中较为普遍地采用。然而,在打击犯罪的同时,也要顾及个人权益的保障,不能以对抗犯罪的初衷,收获侵害人权的苦果。因此,采用相对合理主义的进路,构建既具有价值合理性又具有技术合理性的监听制度,确实是我国立法的当务之急。
Listening as a law enforcement agencies against crime, evidence gathering a weapon, has been more commonly used in judicial practice. However, while cracking down on crimes, we must also take into account the protection of individual rights and interests. We must not reap the bitter consequences of human rights violations in the original intention of countering crimes. Therefore, to adopt a relatively rationalist approach and construct a monitoring system that has both value rationality and technical rationality is indeed a top priority for our country’s legislation.