电子监听作为侦查破案的有效技术侦查手段,在侦查实践中已被广泛应用。一方面电子监听在打击有组织犯罪、恐怖活动犯罪、网络诈骗犯罪中能够很好的发挥其作用,提高犯罪的侦查效率。另一方面它也会导致侦查机关滥用这一权力,妨害公民正常的通讯自由和通讯隐私。为了权衡打击犯罪和保障人权的价值冲突,西方国家如美英等都对通讯监听进行了立法规定,建立起比较完善的电子监听立法制度和法制体系,然而我国立法仅有原则性的规定,司法解释缺少具体的配套措施,仅靠机关的内部规范加以规制是无法保障执法公信力的。因此,我国电子监听应尽快制度化,从而有效的规范侦查实践。 Electronic surveillance as an effective means of detection of detection and detection of crimes, in the practice of investigation has been widely used. On the one hand, electronic monitoring can play its role well in the crime of combating organized crime, terrorist activity and internet fraud, and improve the efficiency of criminal investigation. On the other hand, it will also lead the investigating authorities to abuse this power and impair the citizens’ normal freedom of communication and the privacy of communications. In order to weigh the value conflict between crime prevention and human rights protection, Western countries such as the United States and Britain have enacted legislation on communications interception and established relatively perfect electronic monitoring legislative system and legal system. However, the legislation in our country has only the principle that the judicial interpretation Lack of specific support measures, regulation by the internal norms of institutions alone can not guarantee the credibility of law enforcement. Therefore, China’s electronic surveillance should be institutionalized as soon as possible, so as to effectively regulate the investigation practice.