On The Perfection Of Secret Investigation System In China

With the rapid progress of science and technology, the means of crime also become more and more complicated, which makes the traditional way of investigation meet up with the unprecedented challenges. In this situation, secret investigation measures are born by the occasion. But in judicial practice of our country, secret investigation has arouse the disputes constantly because of its advantages and disadvantages, at the same time, it also makes us realize the loss of secret investigation system in legislation. In the year 2012, the new “Criminal Procedural Law” adds the technology investgation, which means the secret investgation is no longer in that hazy state, and also provides a good start for the improvement in the legislation of secret investigation system. During the past time, because of the uncleaness of China’s Secret Investigation System, the investigators in the application are often random and universal, so this measure is very easy to cause the abuse and corruption. In addition, the secret investigation in the implementation process also ignore the protection of the investigators and the investigation object, resulting in the contradiction between the protection of human rights and national security. Today, although the secret investigation has laws to comply, the system of regulation is still inadequate, and needs to further improve. After analyzing the shortcomings in our country in the new "Criminal Procedural Law" on the secret investigation system, the improvement of the legislation of our country in the future can around the aspects like the subject and the object, the scope, conditions, procedures for examination, the applicable principles, rights protection and so on, to put forward in line with national conditions and practice of China, making it more effective in combating crime, and can also achieve a state of balance in the protection of human rights.