On The Undercover Investigation

With the updating of our notions to lawsuit and the transforming ofour legal procedure model, the problems appeared in undergroundcriminal investigation is concerned increasingly. To some extent,underground criminal investigation is an effective mean and the lastresort to fight against organized crimes. As a kind of ruses, "secretagent" has a long history in China and is used widely. It's necessary touse underground criminal investigation nowadays, but there are stillmany disputes in academic area on the question of its legal regulation,such as police entrapment commitment of a crime, or not preventing acrime, by the planted police agent for the purpose of criminalinvestigation. Thus, a jurisprudence study of the logic of investigationand a deliberation of its specific provisions will surely meet the needs oflegislative activities in the future and the criminal investigation practiceat present.The paper can be divided into four parts.PartⅠConcept of the underground criminal investigation. As akind of ruses, "secret agent" has a long history and is used widely inChina and foreign countries. This part is to recollect the history ofunderground criminal investigation in China and foreign countries. Inany academic research, it is too busy to get away to the concept. But ininvestigating academic circles, reality, investigate this one conceptualboundary stablely but be comparatively blurred to foot-ridding,conceptual relation such as investigating with a few adjacent concepts,investigating if specially, feeling investigates, disguises self as, beinglured investigating to foot-ridding has been known that also existence alittle deviation. Therefore, this part secondary latter half part authorbroad sense and narrow sense about two aspect the boundary fixesfoot-ridding investigate concept, that the narrow sense foot-riddinginvestigates and disguises self as investigating is to investigate meansboth differentiate each other and look at and appraise two kind of connection and including suggesting that broad wide foot-riddinginvestigates including that feeling investigates specially, and be luredinvestigating from saying essentially to belong to two concepts beingunlike tier of face then, that foot-ridding investigates to belong to onekind investigate a means, but are lured investigating is to belong to onekind investigate tactics.PartⅡReasonable and legitimate investigating analysesfoot-ridding. Foot-ridding investigates for a long time, to suffer thescholar and public's questioning to the fullest extent always, lay stresson behaviour oneself right, throws into output in infringing upon civilrights, having disobeying the sincere message of judiciary, beingdifficult to swear to investigate a personnel no proportional severalaspect. The synthesis the relativity from human rights, public ethicsmorality being observed, investigating real need and law benefitclearing up a case balances the main body of a book coming to developthe basis expounding and proving foot-ridding investigating thebehavior reasonable and legitimate one by one several aspect. Besides,be to clear up a case smoothly in process investigating in foot-ridding,investigate a personnel may need to provide active committing a crimethe chance, is put into effect being lured investigating, in order to getletter after investigating a marriage partner but, behavior investigating apersonnel also may need to put a few into practice infringing upon lawbenefit, impose punishment on to if these behavior give, the priorityhow where, procedure the behavior boundary being designed in, will tothese problem, the latter half part solves.PartⅢThe structure investigating statutory rules buildsfoot-ridding. This part expounds and proves foot-ridding first abovesituation basis introducing that our country is at present confidentialinvestigating the legislation general situation and actual judicial practiceinvestigating the legislation necessity. Secondly, analyse foot-riddinginvestigating the legislation principle and our country foot-riddinginvestigating legislation item ought to pay attention to. The marriage partner suitable for use, the rights and interests applying to examine andapprove a sum dividing into three parts finally, investigating tofoot-ridding relieve the detailed demonstration having been in progress.PartⅣThe tactics investigating probes foot-ridding. The processinvestigating is that battle of wits fights against brave process, butfoot-ridding investigates to have put demand of way to quality, tacticsinvestigating a personnel into practice peculiarly right away more highlyoriginally investigate the personnel and the criminal. The main body of abook this part tries to investigate sigmatism principle from foot-ridding,selections of foot-ridding investigator builds tactics, foot-riddinginvestigates to put tactics and foot-ridding into practice investigating toensure tactics about four aspect discussing foot-ridding investigatingrelevance tactics...