Procedure Restrict Of Secret Criminal Investigation

As an essential part of criminal investigation, the secret criminal investigation plays a greatly important role during the handlings of criminal cases. But the circle of procedure law has much controversy about that, it is necessary to redefine secret criminal investigation seriously. In this thesis, new implication to secret criminal investigation in the angle of the act of procedure is entrusted, the value of secret criminal investigation is dissertated, the disadvantage of that is analyzed, and the legislation of foreign countries on secret criminal investigation is introduced. Then, the legislation construction of secret criminal investigation in China is brought forward.Besides foreword and epilogue, the thesis is divided into five parts.In Chapter One, it is to introduce the history of secret criminal investigation. It covers not only the foreign countries but also our country. First, the author introduces the foreign history by time sequence. Then, the introduction of Chinese history is divided into three parts, which is the Chinese society, the feudal society and the latter-day society. The author is ready to undercover something instructive in the angle of history, in order to research the present secret criminal investigation.In Chapter Two, it is to set forth the basic theory of secret criminal investigation. In this chapter, the author expounds from three aspects. At the first of this chapter, the concept of secret criminal investigation is defined. The author defines it as an act of investigation, which is secret, tortuous and applied to specific objects. Then, the content of the system of secret criminal investigation is explained, and the author emphasizes the importance of procedure restrict. At the end of this chapter the categories are discussed.In Chapter Three, it is to undercover the value of secret criminal investigation. In this chapter, first, the author implies that in this thesis the value of efficiency of secret criminal investigation will be emphasized. Then, the disadvantage of secret criminal investigation is brought forward. The secret criminal investigation is tend to violate rights of citizens, damage the image of judicial organization and affects the judicial ethics. In the end, the balance between punishing crime and guaranteeing the human rights.In Chapter Four, it is to research on the legal procedure regularization of secret criminal investigation in foreign countries. At first, the author introduces the regularization about some typical countries, and analyzes the conditions, procedure, and guarantee of secret criminal investigation. In the end, five procedural principles for regularization of secret criminal investigation are set forth.In Chapter Five, it is to conceive the legislation of legal procedure on secret criminal investigation in our country. At the first, the author introduces the present conditions of secret criminal investigation in China, which is lack of legislation and procedural restriction. In section two, the author put forward the legislation on secret criminal investigation. The scope, conditions, subjects of judicial review, procedure, writ, terms, guarantee measures are concerned in this part.