Research On Rule Of Law In The Process Of Secret Investigation

The leading traditional mode of investigation is public, but it is unprecedentedly challenged, because of crime is more intellectual, organized and hidden day by day. Therefore, the countries all over the world use secret investigation to attack and punish the crime one after another, in order to realize the purpose to control crime. But because the essential characteristic of secret investigation is to infringe rights easily, if it is improperly used and out of control, it will infringe citizen's legitimate rights and damage the fairness, honesty of the national agency to enforce law, and even shake the political foundation of the ruling class. In order to keep the excellent balance between attacking the crime and ensuring human rights in the process of secret mvestigation, we should set up legal system of secret investigation, instead of letting it be without restraint. Proceeding from the train of thought, we explain and annotate the concept, characteristic, classification and the form of expression of secret investigation, seek its history and development, and analyze its value. On the foundations of full research on legislation, administration of justice practice and relevant theory of secret investigation in many countries, such as Britain, U.S.A., France , Germany , Italy , Japan, I study the actual conditions of secret investigation in our country ,then propose how to set up legal system of secret investigation in our country.