论文部分内容阅读
刑事侦查中秘密监听措施可弥补传统侦查手段的不足;但监听的采用又严重侵犯公民的通讯自由和隐私权。基于有权利必有救济的理念,对秘密监听行为应当进行事后救济。判断违法监听的标准包括客观标准和主观标准。结合域外经验和我国现实,秘密监听的救济制度包括告知、审查、对违法资料的处理及民事赔偿、国家赔偿、刑事追究等制度。
The secret surveillance measures in criminal investigation can make up for the deficiencies of the traditional means of investigation. However, the use of interception seriously violates citizens’ freedom of communication and privacy. Based on the concept of having the right to have remedies, the aftermath of the secret surveillance should be carried out. Judgments of illegal monitoring standards include objective and subjective criteria. In combination with the experience outside China and the reality of our country, the remedy system for secret surveillance includes informing and censoring the handling of illegal materials and the system of civil compensation, state compensation and criminal investigation.