The Discussion Of Criminal Undercover Investigation System

Nowadays, with the swift development of economy, our society is witnessing great changes, including the diverse cases of crime. A series of crimes characterized by well-organized without direct victims extremely challenge the traditional detective methods. Undercover investigation, a new method widely applied in detecting crimes, works effectively in cracking these new types of crime.Undercover investigation refers to some detectors specially selected by the investigative authority become the member of criminal organizations by gaining their trust under the counterfeiting identity, carry out significant missions, for example, gathering information, or criminal evidence, and try any means to falter them and finally wipe out them.In spite of various definitions of undercover investigation, the narrow sense gains the main stream according to authoritative views, namely, it is merely refers to the investigative detectors. The study of the legal regulation of undercover investigation is a new hot spot, but as a investigation strategy, we can find that undercover investigation is used in Qin dynasty, Han dynasty, Ming dynasty and the Kuomintang period in China. The prototype of undercover investigation can be traced back to 16th century in Europe.Undercover investigation has some positive features, for example:proactivity and reliability. Besides, it has outstanding values, including:rational value, human value, liberal value, security value, efficiency value, substantial justice value, reasonable cheating value. This shores up the legitimacy of undercover investigation and judicial practice.Everything is a synthesis of contradictions. As for the undercover investigation, although it can detect cases efficiently and accurately, it has many negative features also, for example:deceptiveness, higher secretiveness, violation of citizen privacy and liberty. Due to its negative features, it has spelled intense discussion over its application around the world. Currently, many countries and regions have acknowledged the legitimacy of undercover investigation and its effective role in judicial practices, and given it the legal position in the law, with a view to make good advantage of it and inhibit its negative side. The typical countries and regions are:Germany, Netherland, as well as China Taiwan district and China Macao district. They have legitimated the undercover investigation in terms of its applied conditions, scope, relevant procedures, and the validity of the evidence and the protection of investigators.However, undercover investigation also involves a lot of legal issues, for example:the legal basis for the use of undercover investigation in the process, whether or not should give them punishment when the investigators commit the crime, the validity of the evidence, the protection of investigators (the safety of investigators, property, and psychology). These legal issues make all the world difficult to have a unified and perfect solution.Undercover investigation is often used in judicial practice in our country, especially in detecting the drug crime. But the absence of relevant law in this field fails to solve urgent problems, even result in some negative effect, which urges us to give the top priority for it. What is suitable for our country is to add undercover investigation in criminal law, and formulate detailed regulations to assist it.The basic content of undercover investigation's legislation should include: applied conditions, applied range, procedures (application and approval procedures), the evidence of effectiveness, the punishable regulations of criminal actions of undercover investigator.At the same time, the implementation strategy of undercover investigation should include:the selection strategy of investigators, preparation strategy, implementation strategy, the security strategy of investigators。...