The Regulation Of Chinese Special Investigative Measures With Perfect Thinking

With the development of science and technology, criminal means also becoming more diverse, secretive melt, the high tech. Regular reconnaissance measures have enough to meet current criminal investigation, so special investigative measures emerged, become the world used to fight crime investigation measures. But, special investigative measures to fight crime in the lucrative, but also easy on the basic right of citizens cause violations. In order to realize this goal that the crimes and protecting human rights balance, our country has been in the unremitting efforts. This article, from the special investigative measures, expounds the concept of special investigative measures, analyzes the features and functions of the type of special investigative measures, emphasize on legislation and current situation of judicature of our special investigative, explores the special investigative measures applicable process problems and causes of problems, and in combination with the basis of special investigation of foreign countries ,put forward the investigative measures about special legislation in China.This article includes four chapters.The first chapter of the general principles of the special investigative measures. This chapter is divided into three parts, the first part of special investigative measures concept is defined, and analyzes the legal characteristics of special investigative measures, which are initiative, secretiveness etc. The second part pointed out the special investigative measures have different functions of the conventional investigative measures, such as detecting the suspected criminals timely and precisely, etc. The third analyzes special types of investigative measures, such as the temptation investigation, etc.The second chapter our special investigation analysis of the status of efforts to enforce. First the investigation organ through laws, regulations, judicial interpretation within three aspects of special legislation on the investigative measures are introduced; Secondly pointed out situation of judicature of our special investigative measures such as the main body, the rang of case.and analyzes the problems existing in the judicial status; Finally to special investigative measures judicial the problems which exist in the cause analysis.The third is the comparative research on the legal current situation of extraterritorial special investigative measures. In the special investigative measures summed up foreign legislation mode, on the basis of the research on current situation of a judicial, focus on the British, the United States, Germany and other countries to the status quo, finally to judicial foreignfiction special investigative measures are discussed briefly in the comparative comments.The fourth chapter consummates our country special investigative measures conception. This chapter is divided into three parts, the first part is about our special investigative measures to improve our legislation, mainly legislative principles, legislative mode, regulation connotation in three aspects: the legislation idea how to perfect our country's special investigation measures. The second part is our country special investigative measures, the author holds that the judicial perfect from three aspects should be to conduct special investigative measures, namely, strengthen the judicial perfect professional investigation team, promote the supervision mechanism of implementation, perfect supporting measures enacted execution.