通讯监听制度研究
发布时间：2018-08-19 19:46
【摘要】：近年来犯罪活动日益复杂化、科技化,传统的侦查措施在侦破犯罪案件时往往显得捉襟见肘,为有效的侦破案件,新型的侦查措施如技术侦查措施等应运而生,网络监控、秘密辨认、卧底侦查、通讯监听等手段在侦查犯罪案件的过程中发挥着巨大的作用。 通讯监听作为一种技术侦查手段,具有隐蔽性、强制性、科技性等特征,在搜集犯罪证据、抓捕犯罪嫌疑人方面发挥着巨大的作用,但同时通讯监听对宪法规定的公民基本权利造成严重侵犯,为了协调打击犯罪和保护公民权利的关系,应将其纳入法制化轨道。我国刑事诉讼法设置专门章节规定了技术侦查措施,并没有对通讯监听进行专门的规定,目前我国适用通讯监听的主要依据是刑事诉讼法有关技术侦查措施的规定。目前我国在实施通讯监听的过程中,由于有关规定过于简单,程序存在不规范之处,在现实情况中可能造成对公民基本权利的严重侵犯。本文通过总结借鉴域外有关通讯监听的经验,比如坚持重罪原则、司法令状原则、最小侵害原则、权利保障原则,对我国通讯监听在适用范围、审批主体、适用程序、通知报告义务、证据能力问题、救济程序等方面提出完善的建议。 本文共分为四章： 第一章是通讯监听的概念和特点,分析了通讯监听的概念和特点。第二章是通讯监听的内在冲突,分析了通讯监听的适当性、危害性以及对其进行法律规制的必要性。第三章是域外通讯监听制度的比较考察,主要考察了美国、德国、台湾地区通讯监听制度的现状以及对域外通讯监听制度的总结、评价。第四章是我国通讯监听制度：现状及完善,主要探讨了我国通讯监听制度存在的问题,并基于实践情况对我国通讯监听制度提出了完善建议。
[Abstract]:In recent years, criminal activities are becoming more and more complicated and scientific and technological. Traditional investigative measures are often overstretched in detecting crime cases. In order to solve cases effectively, new investigative measures, such as technical investigation measures, have emerged as the times require, and network monitoring has emerged. Secret identification, undercover investigation, communication monitoring and other means play a great role in the investigation of criminal cases. As a means of technical investigation, communication monitoring has the characteristics of concealment, compulsion, science and technology. It plays a great role in collecting criminal evidence and arresting criminal suspects. However, at the same time, the monitoring of communication seriously infringes on the basic rights of citizens stipulated in the Constitution. In order to coordinate the relationship between fighting crime and protecting the rights of citizens, it should be brought into the orbit of legalization. The special section of our country's criminal procedure law stipulates the technical investigation measure, and does not carry on the special stipulation to the communication monitor, at present our country applies the communication monitor the main basis is the criminal procedure law related technical investigation measure stipulation. At present, in the process of implementing communication monitoring in our country, because the relevant regulations are too simple, there are some irregularities in the procedure, which may cause serious infringement on the basic rights of citizens in reality. By summing up and drawing lessons from the experiences of foreign communication surveillance, such as upholding the principle of felony, judicial writ, minimum infringement, right protection, this paper applies to the scope of application, the subject of examination and approval, and the applicable procedure of communication monitoring in our country. Advice on reporting obligation, evidence capacity, remedy procedure and so on. This paper is divided into four chapters: the first chapter is the concept and characteristics of communication monitoring, and analyzes the concept and characteristics of communication monitoring. The second chapter is the internal conflict of communication monitoring, analyzes the appropriateness and harmfulness of communication monitoring and the necessity of legal regulation. The third chapter is the comparative investigation of the foreign communication monitoring system. It mainly examines the current situation of the communication monitoring system in the United States, Germany and Taiwan, as well as the summary and evaluation of the extraterritorial communication monitoring system. The fourth chapter is the communication monitoring system of our country: the present situation and the consummation, mainly discussed our country communication monitoring system existence question, and based on the practice situation proposed the consummation suggestion to our country communication monitoring system.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2192649
[Abstract]:In recent years, criminal activities are becoming more and more complicated and scientific and technological. Traditional investigative measures are often overstretched in detecting crime cases. In order to solve cases effectively, new investigative measures, such as technical investigation measures, have emerged as the times require, and network monitoring has emerged. Secret identification, undercover investigation, communication monitoring and other means play a great role in the investigation of criminal cases. As a means of technical investigation, communication monitoring has the characteristics of concealment, compulsion, science and technology. It plays a great role in collecting criminal evidence and arresting criminal suspects. However, at the same time, the monitoring of communication seriously infringes on the basic rights of citizens stipulated in the Constitution. In order to coordinate the relationship between fighting crime and protecting the rights of citizens, it should be brought into the orbit of legalization. The special section of our country's criminal procedure law stipulates the technical investigation measure, and does not carry on the special stipulation to the communication monitor, at present our country applies the communication monitor the main basis is the criminal procedure law related technical investigation measure stipulation. At present, in the process of implementing communication monitoring in our country, because the relevant regulations are too simple, there are some irregularities in the procedure, which may cause serious infringement on the basic rights of citizens in reality. By summing up and drawing lessons from the experiences of foreign communication surveillance, such as upholding the principle of felony, judicial writ, minimum infringement, right protection, this paper applies to the scope of application, the subject of examination and approval, and the applicable procedure of communication monitoring in our country. Advice on reporting obligation, evidence capacity, remedy procedure and so on. This paper is divided into four chapters: the first chapter is the concept and characteristics of communication monitoring, and analyzes the concept and characteristics of communication monitoring. The second chapter is the internal conflict of communication monitoring, analyzes the appropriateness and harmfulness of communication monitoring and the necessity of legal regulation. The third chapter is the comparative investigation of the foreign communication monitoring system. It mainly examines the current situation of the communication monitoring system in the United States, Germany and Taiwan, as well as the summary and evaluation of the extraterritorial communication monitoring system. The fourth chapter is the communication monitoring system of our country: the present situation and the consummation, mainly discussed our country communication monitoring system existence question, and based on the practice situation proposed the consummation suggestion to our country communication monitoring system.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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