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同意监听指侦查机关为侦查目的经通讯一方同意对双方通讯内容所进行的监听、录制。绝大多数国家都通过刑事诉讼法一般规则或特别法规形式确认监听的强制侦查性质,但同时也确认同意监听的任意侦查性质,以适应犯罪侦查的基本需要。经通讯一方当事人自愿同意、未侵犯重要权益、为侦查所必要等构成同意监听适法要件。在比较分析我国监听现状与缺陷基础上,笔者展望我国同意监听立法与适用前景,应在完善监听立法的过程中,明确同意监听与未经通讯方同意监听之间的区别及其在侦查中的不同运用。
Consent to listen to refers to the investigating authorities for investigation purposes by the communication side agreed to the content of the two sides to monitor, recording. Most countries confirm the mandatory investigation nature of interception through the general rules of criminal procedure law or special regulations, but also confirm the nature of any investigation that is agreed to be monitored in order to meet the basic needs of criminal investigation. Upon consent voluntarily agreed by one of the parties to the communication, no infringement of the important rights and interests, and necessary for the purpose of investigation, etc., consent shall be obtained for the monitoring of the proper elements. On the basis of comparative analysis of the current situation and defects of monitoring in our country, the author looks forward to the prospect of our country’s legislation of interception and monitoring. In the process of perfecting the monitoring legislation, the author explicitly agrees with the differences between interception Different use.