Research On Undercover Investigation

Undercover investigation has been existence and application in China is an indisputable fact, but the law remained silent, did not make a legislative framework for an undercover investigation system.This situation has led to criminal punishment, human rights protection and rule of law, philosophy, and many other adverse effects.In the "human rights into the Constitution" in the background, in order to legitimate and effective in combating specific crimes, our undercover investigation is imperative to improve the legislation.This study basic questions from the undercover investigation began, and then set out an undercover investigation and application of the principle of legitimacy based on, and finally the end-result on the legislation to build on our undercover investigation, undercover investigations in order to achieve a reasonable idea of the modern rule of law and integration.Most of the main papers include four-part,a total of about 3 million characters:Part I introduces the some basic questions of undercover investigation,which is the theoretical basis Of this article first need to address.First of all lawsuits based on a different mode of Two Schools of the country,this article is divided into the concept of an undercover investigation of broad and narrow;In our criminal justice system,I believe that narrowly defined research is a more value of the undercover investigation.Therefore,to clarify its object of study for this article.Secondly,the concept of an undercover investigation with the adjacent Analysis of the detection measures,in order to further understand and grasp the connotation of an undercover investigation.Then,on this basis to discuss the properties of an undercover investigation,which include:proactive detection,enforcement measures,secret investigation.Part II is about the legitimacy problems of undercover investigations,which is the innovation and key issues of this article.First practical application of the undercover investigation has shown the value of sum up the conflict.I believe that the legitimacy of research from acts of regularity (objective) Hop normative (moral, legal) three aspects of interpretation.Therefore, the next focuses on the legitimacy of the undercover investigation:First,its theoretical basis are the main draw is the implementation of an undercover investigation of conflict of interest to be balanced and coordinated,demonstrated the legitimacy of its objective;Second, it does not conflict with judicial integrity,demonstrated its moral legitimacy;Third, it has the legal admissibility nature,demonstrated its presence in the legal legitimacy. Part III,by the legislative study to explore the legal system suited to China's undercover investigative methods and legal system,and applying the principles demonstrated.That part of the first foreign and related areas on an undercover investigation of the basic system of legislation for a general classification that applies to an undercover investigation, the conditions and scope of application, implementation procedures, behavior, undercover investigation access to information, treatment and investigation procedures undercover protection of the rights of individuals to conduct comparative analysis. And then concludes that restrictions on States undercover investigation principles and norms embodied in the legal retention requirements, including the principle of judicial review principles, the principle of proportionality.Part IV is about inspection and analysis of China's undercover investigation,which is the focus and difficult of this article.This section first analyzes the status of our undercover investigation,and then from the need for the fight against crime,a necessary protection of human rights requirements, to regulate and control the inevitable requirement undercover investigation demonstrated three aspects of its legal system in China need to,while undercover investigation of the feasibility of legislation in our analysis. Finally,our undercover investigation to make specific recommendations,including legislative style,the main elements of legislation,which mainly applies to the implementation of the main, applicable scope of the case,the applicable conditions,the applicable procedures, undercover investigation of information use and handling,undercover investigation of the parties protection of rights,illegal undercover investigation of the consequences.