The Secret Criminal Investigation

It is applied more extensively nowadays. Many countries, especially developed western countries, have gradually made it legislated according to the principle of the rule of law. In our country, although the secret criminal investigation is a special detective method with remarkable effect in our detection practice, the relevant legislation is still a blank. Considering the principle of the rule of law and the need to guarantee the human rights, we should make relevant legislation. A thorough study on the secret criminal investigation will give an essential help. In this thesis, the concept, nature, function and types of secret investigation are introduced,the laws of foreign countries on secret criminal investigation are reviewed, and the shortage is obvious in China. In China, secret criminal investigation has its rationality; regularization on the actions of secret criminal investigation must keep to basic principles.Besides Introduction and Concluding Remarks, the thesis is roughly divided into five parts., more than 36,000 words.In the first part, it is to expatiate on the basic theory of the secret criminal investigation. It is about the concept, nature, function and types of secret investigation. Secret investigation is used to fight with the most serious and difficult crimes. The subject of secret investigation is the criminal national organ with the power of criminal investigation in which is the criminal procedural law. The object of secretro vestigation is special object in some special cases. The aim of secretm y is to fight with the very difficult crimes. And the secret investigation must commit in the law. The nature characteristics of secret investigation is compellent. Secret investigation must be committed when necessary. Secret investigation will induce the negative influence to the human rights is that means the invasion to the human rights, especially the suspect's human rights. The due nature of secret investigation is the balance of control of crimes and the individual's rights.The second part is about the rationality and legitimacy of the secret criminal investigation. It is analyzed from philosophy, ethics, law and economy four angles.The third part analysis the legislation on the secret criminal investigation in the western countries. It is mainly introduced the instance of regularity in foreign countries.The fourth part analysis the current situation of Chinese secret investigation. It is due to the traditional experiences in the past times. Our country pays more attention to the rights of nations and often hurt the human's rights when it is conflicted with the rights of nation. So when crimes are committed, the nation's right to find the criminals is more important than the criminal's rights. With the flounce of Soviet Russia, the criminal investigation is secret. And there is lack of law to control and supervise secret investigations. Therefore it is easy to occur negative effect.The last part is the most important part in the whole dissertation. It is to conceive the legislation on the secret criminal investigation in our country. Compared with the western countries, we can find that there is no general system to restrict the secret investigation in China,which is very harmful to our monocracy construction. So we must use the success expressions of western countries to restrict the secret investigation and legislate the participate procedure.