Discussing About Legal Regulation Of The Secret Investigation Of Our Country

Today's world economy is developing rapidly, science and technology is in constant progress, and along with the economic, technological and cultural exchanges and development, and national crime is also showing new features, the modern crime shows is more organized, more use of high scientific technology and is more characteristic of confidentiality. These changes the way to detect crime puts forward new challenge: previous countries mostly with public investigation primarily, but now only rely on public investigation has not timely and effective solve modern new cases in the face, and when the crime with new features public investigation may waste more resources, but not the ideal effect. Therefore, the world started to use secret investigation to obtain evidence of the crime, the way to fight crime, and good results have been achieved, our country is not exceptional also, in cracking the case process has taken a different secret reconnaissance means. Secret investigation of great confidentiality and different degree of infringement, but our country does not have the legislation applicable to secret reconnaissance means subject, scope and other precautions, undertake strict laws. This made a practice of secret reconnaissance means using randomness; Secret without legal constraints investigation by an investigation, which leads to the object and the rights of independent third party may violation; Through investigation of the means to gain secret evidence also exist question the validity of; Secret investigation also because legislation flaws are not effectively and reasonable supervision and restraint. Nonetheless, the secret investigation in practice to solve all kinds of complicated cases and difficult major cases with the effect that cannot ignore, can effective to obtain evidence of the crime, crime, therefore our country hit new does have necessary to secret investigation legal provisions and restraint. By comparing the overseas advanced legislation about secret investigation, summarizes and analyzes the suitable way in secret, and from the investigation regulation of such application secret investigation on specific legislative proposals.