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Studies On Secret Investigation Law Control

Posted on:2011-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:R N ZhangFull Text:PDF
GTID:2166360308969015Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the criminal intelligence, organized, concealed, the incidence of new crimes increased, open investigation led the traditional mode of criminal investigation encountered unprecedented challenges. Secret investigation itself has the initiative, and other features hidden in the fight against new types of crime has a traditional investigation methods unparalleled advantage. Countries around the world use investigative techniques to combat and punish crime in order to achieve crime control. Investigation of a highly secret nature and characteristics of abusive, if used improperly, lost control, easy to violations of legal rights of citizens. This problem is considered by theorists, practitioners.Today, all countries are considered of the legal regulation of the secret investigation, in order to maximize effectiveness. The secret investigation in our country without the appropriate legal basis, legislation and practice, there are some problems.Secret investigation on the legal regulation system has an important value, the program value of the secret investigation of legal regulation to resolve the conflict of interest requirements, to achieve the requirements of procedural justice, but also the requirements of international obligations. Although there are some secret investigation of legislative barriers to the system, but with social development, people's rights consciousness, the concept of human rights protection in depth, with an opportunity to amend the Criminal Procedure Law, the Legal Regulation of the secret investigation is a feasibility.Following the example of legislation of Western countries, focusing on analysis of the secret investigation Legislation as consideration of the secret investigative measures of legal regulation is not in place of the causes of the Comprehensive China's national conditions, under our current judicial system, legislative practices and legislative levels to determine the specific legislation patterns and principles and rules of the content of the legislation will implement the system of secret investigation.
Keywords/Search Tags:Secret Investigation, Necessity, Legal Regulation
PDF Full Text Request
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