Undercover Investigation Of Legal Regulation

Our country is now in the period of peaceful development, the outstanding characteristic of this stage is the highlighting social internal contradiction, and the rapid economic development has also increased the crime number year by year, the traditional detection means are in the face of some highly concealment crime cases, showing the status of the helpless. Compared with other traditional means of detection, undercover investigation for its concealment and efficiency is in the investigation of the special cases in some areas. Scholars at home and abroad have been continuously explored and researched for the undercover investigation which is widely used in the judicial practice of all countries which have recognized legal level in the world. Undercover investigation in China has a large number of practice experience, but the regulation of police law are vague, criminal procedure law adjusts of the undercover investigation weakly, making the undercover investigation method has been applied in the arguments and questions in special cases. Including the main problems, especially the applicable scope of undercover investigation in the case is not clear; the process of the police "illegal" undercover can not be identified; the absence of effective audit supervision of undercover investigation; undercover police and citizen’s right protection problems. Based on the judicial practice of the undercover investigation Tang so-and-so case and Song Ming-yang case as an example to reveal problems of undercover investigation, and then to the United States Downey case as an example, mainly include:to determine the undercover police for applicable subject, scope of application is the no victim and major criminal case or cases of serious harm; to clear the punishable undercover police offence; to establish the supervision of procurator organs of the undercover investigation and introduction of judicial review; to perfect the rights in the undercover investigation.