On Some Legal Issues Of Undercover Investigations

Undercover Investigations is a useful method to detect the organized crime and group crime. But as a secret and forcible detective measure, it is liable to break the law and breach human right in case that there is no legal restriction added on it. In practice, not only the undercover investigations should be legalized in the concerned legislation in China, but also the whole set of system to inspect and safeguard the undercover investigations detectives should be built up.This paper has five parts. The first part defines the undercover investigations and describes the characters of undercover investigations on the bases of comparing the undercover investigations with some other similar concepts. The second part analysis the theoretical and legislative situation of undercover investigations in some foreign countries, it describes that to accept the validity of undercover investigations in a limited bound is a worldwide trend in legislation. The third part analyses the practical condition of undercover investigations under the present detective system in China. There are limited researches on undercover investigations in China and undercover investigations is still in a state out of the legal system. The fourth part discusses the legal bases of undercover investigations and criminal responsibility identification the rising and adoption of witness of undercover activities. The fifth part build up the legislation framework of undercover investigations in China and its basic principles as the principle of proportion, principle of necessity, principle of approve to forcible detect and principle of suitable actions. This part also gives comments on some important issues.