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监听是一项技术侦查措施,在侦查实践中已被广泛应用。但迄今为止,我国没有任何一部法律对监听作出明确规定,这必然导致侦查权的滥用及侵犯公民权利现象的发生,对其予以立法规制显得尤为紧迫。在我国应当设立专门的《监听法》,对监听的程序、条件、适用范围、监听的期限、监听措施的监督、监听材料的效力、非法监听引发的救济等问题明确加以规定,增强其实施的规范性和透明度,以此防止侦查权的滥用和保护公民的基本权利,这也有利于监听作用的充分发挥。
Monitoring is a technical investigation measures, has been widely used in investigation practice. However, so far, there is no law in our country that stipulates the interception. This will inevitably lead to the abuse of the investigative power and the infringement of civil rights. It is especially urgent to legislate it. In our country, we should set up a special “monitoring law” that clearly stipulates the procedures, conditions, scope of application, the duration of monitoring, the supervision of monitoring measures, the effectiveness of monitoring materials and the remedies caused by illegal monitoring, so as to enhance their implementation Normative and transparent, so as to prevent the abuse of investigative power and protect the basic rights of citizens, which is also conducive to the full play of the monitoring function.