Multi-perspective Interpretation And Thoughts On The Secret Criminal Investigation

With the incessant development of the modern society, new criminal ways demonstrate a tendency of systematization, concealment and intellectualization, so that the Secret Criminal Investigation has gradually become a powerful weapon for investigation organs to control and strike the crime. But its application cause the infringement of legal rights like citizens' right of privacy, which sparks conflict between the crime control in the field of criminal procedure and the protection of human rights. Therefore, it is of great theoretical and realistic significance to carry out the system research on the Secret Criminal Investigation. The article does systematically some studies on it from different points of view, respectively its concept, its historic development and its basis of existence. Furthermore, centering on the core value purpose of the protection of human rights, basic ideas on its legal regulation are conceived, according to its negative influences and the deficiency of legislation in our country.The article is composed of introduction and four chapters, 30,000 characters in all. The first chapter gives an interpretation on its concept from two aspects, the connotation and the denotation. First of all, the chapter discriminates its concept, by analyzing the four constitutive elements as follows: subject, object, subjective aspect, objective aspect, in order to give an accurate definition to its concept. Then analysis conclusions to its characteristics are made at four levels: starting stage, implementation process, investigation ways, and legal consequences, which indicate the initiative at the starting stage, the concealment in the implementation process, the flexibility of investigation ways and the complexity of legal evaluation. Afterwards, the article presents the its categories commonly in practice and carries out the scientific classification by different dividing standards. The next chapter summarizes the historic development of the secret investigation both in and abroad, with focus on the interpretation on the historic origin and the development of part of secret investigation ways. The third chapter describes the legal basis of its existence and demonstrates the realistic basis of its existence, using the theory of Weigh of the Legal Interest and the theory of Economic Analysis of Law. The fourth chapter analyzes the negative effects on the criminal judicial system from two aspects: the infringement of citizens' legal rights and the damage to criminal judicial ethics, and then follows the comment on the present situation of the legislation of secret investigation in our country. At last it is proposed to legally regulate the secret criminal investigation by establishing the judicature checking mechanism and by protecting legal rights of parties.