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完善技术侦查的法律监督机制对于防止权力滥用、保障公民合法权利具有重要意义,但我国对于技术侦查法律监督方面的规定较少且过于原则化,检察机关作为我国专门的法律监督机关有权对侦查机关的侦查行为进行监督。为了完善技术侦查的法律监督,除了明确具体的事前审批程序外,检察机关可以在侦查过程中以第三方的身份介入侦查,从而对技术侦查进行事中监督,还应建立事后通知机制以实现对相对人权利的救济,另外,我国可以尝试构建技术侦查措施的报告制度以及对违法侦查行为的制裁机制从而更好地预防权利滥用。
Improving the legal supervision mechanism of technical investigation is of great significance for preventing abuse of power and safeguarding the legitimate rights of citizens. However, our country has less and over-regulated rules on legal investigation of technical investigation. As the special legal supervision organ of our country, the procuratorial organs have the right to investigate, Organs to investigate the conduct of supervision. In order to improve the legal supervision of technical investigation, in addition to specifying the specific procedures for prior approval, the procuratorial organ may intervene in the investigation as a third party during the investigation so as to supervise the technical investigation and establish an ex post notification mechanism to achieve In addition, China can try its best to prevent abuses of rights by trying to set up a reporting system for technical investigation measures as well as a sanction mechanism for illegal investigation.