Research On Undercover Investigations

Compared with traditional investigations, undercover investigations are a new research field, in which relevant theories or articles are relatively rare. As secret investigations, undercover investigations not only play a significant role in striking some special crimes, but are prone to overstepping their boundaries to entrench citizens' human rights and to weaken authority of and citizens' trust in judiciary organs also. So, it's necessary to take it into a careful account while adopting this measure.This dissertation mainly comprises four parts. The first part gives a definition of undercover investigation and distinguishes some titles that often have confusing meanings in theories and in practice. The second part, analyzing undercover investigations from the angle of morality and justice, holds that although undercover investigations are quite efificient to prevent and to strike crimes thoroughly, they are pretty prone to conflicting with citizens' human rights, through which their disadvantages are clearly indicated. It is thought after a careful analysis that undercover investigation system is extremely necessary and that its disadvantages could be under an efficient control also as long as it is reasonably established accompanied with appropriate measures. The third part analyzes undercover investigation from the angle of legal provisions. It is demonstrated in this part that undercover investigations are compulsory investigations just as detainment,arrestment, search and monitoring. In line with Legal Rules on Compulsory Investigations deducted in the phase of investigation from Principles on Legal Proceedings in a legal country, it is insufficient to grant undercover investigation power to investigation organs generally through administrative laws such as Criminal Procedure Law and Police Law. With the present fact that there are not detailed statute provisions on substantial requirements, procedure requirements and application procedures of undercover investigations, no legal basses are available for the application of this system. The fourth part, starting with analyzing "mysterious" situation and present problems of secret investigation in China and comparing with the ways in dealing with this problem in legally developed countries, points out that it is both necessary and urgent to legalize undercover investigation. Attention should be attached both to the present situation in China and to advanced experiences in developed countries when establishing laws for undercover investigations. On the basis of comparative research, this dissertation brings forward some viewpoints on how to award power to law-making of undercover investigations and how to specify the scope, requirements and procedures of the application of undercover investigations.