Study Of Secret Investigative Measures

As a particular investigation method, secret criminal investigation plays a more efficient role during the handling of criminal cases. But the circle of procedure law has different understanding of its, therefore, it is necessary to redefine secret criminal investigation and entrust new implication to secret criminal investigation in the angle of the unity of content and form. In this thesis, the laws of foreign countries on secret criminal investigation are reviewed, and the shortage is obvious in China. In China, secret criminal investigation has its basis and rationality; regularization on the actions of secret criminal investigation must keep to basic principles. This thesis includes two parts: an introduction and three chapters, more than 30,000 words.In Chapter One, the author introduces the practice of secret criminal investigation in foreign countries, and implies that the means can be used not only in foreign countries but also in china. After introducing the phenomenon of law, the concept of the means is analyzed in detail, in the end the author emphasizes that secret criminal investigation in the action from one to others, and the concept must tress content that the person expects.In chapter Two, the value of secret criminal investigation is set forth. In this chapter the author expounds from three aspects, first, the background in foreign countries and in China is introduced, and the significance of studying this problem is opened out. Then the usual meanings to value are explained, and the author implies that in this thesis the value of benefit of secret criminal investigation will be emphasized. In criminal investigations necessary cost must be expended, the function of secret criminal investigation is that detective can determine rightly by collecting information, and then the waste of cost can be avoided. Using secret criminal investigation means the economy of cost of realizing from the aspect of the relations between cost ofrealizing and cost of power. At the end of this chapter the author expound the localization for using the means of secret criminal investigation.In Chapter Three, the regularization of secret criminal investigation in China is set forth. At the first of this chapter the instance of regularity in foreign countries is introduced, and the laws on dispatching secret detective and watching communication are introduced, and the important conditions of regularization of secret criminal investigation in foreign countries are illuminated. In section two, the author introduces the provisions on secret criminal investigation in China, and analyzes the shortage on these laws. In section three, the usual concept of basic principle is first put forward, and then three special principles for regularization secret criminal investigation are set forth. Undoubtedly, most actions of secret criminal investigation must comply by those principles. At the end of this chapter the basic approach for regularizing the actions of secret criminal investigation in China is brought forward. The regularization for the actions of secret criminal investigation is a new one in China, therefore it must cost many times. The author advises that such laws as the system of judicial review for investigation, the provisions of removing proofs by investigating unlawfully and the provisions of compensating for persons being aggrieved should be constituted.