Construction Of Rule Of Law Of Secret Investigation System

With the development of society, the crime is becoming a malignanttumor nowadays, and the crime levels are increasing day by day such asprofessional, organize, Intelligent, concealment, violence, international,which challenges to the traditional pattern of putting publicinvestigation first. Therefore, all the countries in the world utilize secretinvestigation to crack down and punish the crime for achieving the aim ofcontrolling the crime. Secret investigation plays a great role in thecriminal prevent and control. But secret investigation is a "double-edgedsword". On the one hand, it can collect evidences quickly and efficientlyto punish the crime. On the another hand, it can be easily usedindiscriminately to infringe upon the citizens legitimate rights andinterests. Pursuing that controlling the crime and guaranteeing rights andlawsuit efficiency become many-faceted is the valuable aim of code ofcriminal procedure in the present age. The countries under rule by law inmodern times have reached consensus to realize the limitation of nationaljudicial power through proper procedure of law on the base of givingconsideration to many-faceted value aim. To strengthen the legalprovisions of secret investigation is inevitable choice for us of managingstate affairs according to law and building concordant society.Therefore, researching elementary theory, history evolution and valueanalysis, objectively analyzing the current situation and shortness, thewriter put forward a conception and tentative idea of secret investigationcombined to our national conditions, based on the comparison tolegislative and judicial practice of secret investigation in the countriesunder rule by law, which is expected to be of benefit for our legislativeand judicial practice.The article is divided into five chapters. First Chapter Summarization of Secret InvestigationAt first, it gives the limit boundary definition of secret investigationand introduces the characteristics of secret investigation, such as conceal,force, tort, direct, initiative, procedure, subordination. Then it re-dividessecret investigation into three styles including secret exterior-lineinvestigation, secret interior-line investigation and technologicalinvestigation. Finally, it sets forth the functions of secret investigation,preventing and putting an end to crime, extending evidence source andproving special crime through investigation including.Second Section Trace to Source of Secret InvestigationFirst briefly research the secret investigation action existing in alldynasties, and then inspect the history of foreign secret investigation.Finally, analyze modern inspiration from historical changes of Chinese andWestern secret investigation.Third Section International Research of Rule of Law of Secret InvestigationRespectively, research on the comparison to secret investigation underthe rule by law in England and America and inland, and then summarize theprinciple of secret investigation in the west countries under the rule by law,such as legal principle, proportion principle, specific principle, judicialinvestigation principle, judicial relief principle.Fourth Section Current Condition Analysis of Secret InverstigationLegislationSummarize the current condition analysis of secret investigationlegislation, and then find out the legal shortness of our secret investigationaccording to the principles of secret investigation from the countries underthe rule which have two legal systems.Fifth Section Construction of Secret Investigation in ChinaSecret investigation under rule by law is an international trend towards the development of the world and an outcome of the times. Rule of lawsecret investigation has necessity and feasibility. Based on our nationalcondition and combined to the tide of international development, the articleconcretely discusses construction of rule by law of secret investigationsystem from nine aspects such as investigation principal part, scope ofapplication, condition of application, enforcement procedure, lead time ofinvestigation, evidence capability, assistance organ or rights and duties ofcitizens, judicial relief rights, annual report system and so on.