Reasearch On The Competence Of Evidence Of Secret Investigation

As we get into the 21st century, our economy develops rapidly. But with the fast development of economy, many social contradictions begin to explode—crime rate rises continuously, what's more, crimes become more and more intelligent, organized and concealed. The traditional crime investigation method predominated by public investigation faces unexpected challenge. So, secret investigation had been more and more frequently used, at the mean time, many modern technologies have been introduced in investigation to enlarge the secrecy and coerciveness of secret investigation.Being influenced by our history and traditional culture, the conventional concepts emphasize social value, ethics and national interests, but disregard to protect the individual rights. So the traditional judicial concepts value the entity, but despise the procedure, and the investigation becomes very mysterious. All these have led to the imperfect of legal rules, and even influenced the legislation on the evidences got by secret investigation. For the objectivity and validity, there's no clear clause in our laws, so the competence of evidence also lacks legal support. However, in legal practice, such evidences are widely used. They are sometimes, without even the procedure of cross-examination, directly adopted in court trial. This will not only harm the legitimate interest of the clients, but also bring about many problems in judicial practice. I wrote this paper based on the practical situation after I have studied the correlative legislation on secret investigation and evidences from it, and I carried out the research on competence of evidence in our country.At the beginning of the paper, I illustrated the concept, origin and development of secret investigation. Then, I analyzed the main classification and measures of secret investigation in our country, and summarized the main features of secret investigation with the reference to the other scholars. The first chapter is mainly about the concept of secret investigation, and it provides a basis for the appearance, research and analysis of competence of evidence.In the second chapter, I listed some theories and legislation measures on secret investigation and competence of evidence in some typical countries as a reference to the paper. And from them, I researched and summarized the theories in our academic circle and the legislation situation in our country. Starting from generating of some practical problems, I analyzed crux of the problems. As for the last chapter, I brought forth the primary out-line of the competence of evidence in our country, and demonstrated it from both the basic guiding ideology and specific construction of rules. The content includes the legislation, the establishment of evidence rules and the introduction of the professional evidence system, etc.