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技术侦查作为秘密侦查的手段之一,是一种新型的侦查方式,目前在世界各国得到了较大的应用。但由于技术侦查亦会对公民的隐私权,通讯自由权等合法权益造成较大的侵害,因此,其适用条件受到较大的限制。我国作为一个发展中大国,新型犯罪层出不穷,有效地适用技术侦查措施十分必要。然而,因为目前我国对于技术侦查制度的规制相对较少。所以,为了更好的实践我国的立法目的,打击犯罪、保障人权,我国应当通过立法对技术侦查的适用范围,适用条件,适用对象,适用主体,审批程序,权利救济等作出详细的规定。
As one of the means of secret investigation, technical investigation is a new type of investigation method and has been widely applied in all countries of the world at present. However, technical investigation will also infringe on the legitimate rights and interests of citizens such as their privacy rights and freedom of communication. Therefore, their application conditions are subject to greater restrictions. As a large developing country, our country is emerging with new types of crimes. It is very necessary to effectively apply technical investigation measures. However, at present, the regulation of technical investigation system in our country is relatively small. Therefore, in order to better practice China’s legislative goal, combat crime and protect human rights, China should make detailed provisions on the scope of application, applicable conditions, applicable objects, applicable subjects, examination and approval procedures and remedies of rights through legislation.