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在我国司法实践中,刑事司法机关为破获案件往往需要会采用一些秘密侦查措施,其中,电话监听即是一种常用的手段,这通常会与受法律保护的另一种权利——公民通讯秘密权产生冲突。但就目前我国状况而言,尚缺少相关的法律规制,这种缺少正当程序规定的侦查手段对于公民隐私权的威胁是巨大的。本文从监听的概念入手,对我国监听立法及现状进行详细论述,最后对其进行必要的完善。
In our country’s judicial practice, criminal judicial organs often need to adopt some secret investigation measures in order to crack cases. Among them, telephone interception is a commonly used means, which is usually related to another kind of right protected by law, namely, the secret of citizen communication Conflict of power. However, as far as the current situation in our country is concerned, the relevant laws and regulations are still lacking. This kind of investigation, which is lack of due process, poses a great threat to the privacy of citizens. This article begins with the concept of interception, discusses the legislation and the status quo of our country in detail, and finally completes it as necessary.