The Criminal Responsibility Of Undercover Investigators

Undercover investigation as an inregulatory investigative technique with strict restrictions exists with the fair value.China should realize that dealing with inquiries, enormous and complex cases with undercover investigation is very important,but applicating undercover investigation should follow certain principles,and to limit the scope of application.Domestic scholars controver the criminal responsibility of undercover investigators for crimes.I believe that we should see the importance of strict limit of the application procedures to undercover investigation and undercover investigators' power.As well as we must recognize the possibility that undercover investigators constitute crimes during the undercover investigation.The key to the criminal responsibility of undercover investigators is distinguishing the nature of undercover investigators' different acts, combining with criminal law and theoies of crime constitution,and accurately defining "the crime" and "non-crime","can be fined" and "non-penalty" problems of undercover investigators' acts.In order to ensuring the successful application to undercover investigation,cracking down on serious crimes and the legal punishment of undercover investigators when they crime,undercover investigators should commit the criminal responsibility specially to their criming acts during the undercover investigation.