Research Of The System Of Our Country's Secret Investigation

As a new criminal investigation method against the special crimes in the modern countries, the practical necessity and human rights protection of the secret investigation have always been the focus of the criminal investigation theory, practice and legalization. System of the secret investigation is an essential part of criminal procedure. To rationalize and modernize the criminal procedure in China, the system must be improved even reconstructed. Its system design and implementation are closely related to the rights of citizens, reflecting a country's level in the rule of law in criminal justice. Our country's secret investigation system needs to be taken into perfect with re-constructing.The dissertation includes five parts. Chapter 1 is general description of the system of secret investigation. It defines the secret investigation, analyses its characters and reviews its domestic and foreign history. Chapter 2 is about the advantages and disadvantages of the secret investigation. The author, demonstrates the the necessity and feasibility of the secret investigation through the social psychology, social transformation, the change trend of crime and police work, etc. and analyzes the potential hazards of the secret investigation from the angles of the object of criminal investigation, the subject of criminal investigation and the society, and points out that the legalization of the secret investigation is the right selection to get the balance of value. Chapter 3 is about the legalization of the secret investigation in foreign countries. In this part, the author introduces the legalization of the system of secret investigation in the common law countries and civil law countries, then compares and analyzes the main differences between the two systems. Chapter 4 is about the situation of our country's system of secret investigation. It describes its legal situation, proposes the existing problems, and analyzes the reasons of them. Chapter 5 is the suggestions on the reform and perfection of the system of secret investigation in China. It puts forward a blue print for the systematic legislation and concrete structure for corresponding regulations, sets forth the principles to be followed, the legislative model, and the subject, the procedures and other specific issues in the implementation of the secret investigation.