Secret Investigation The Legislation

With the increasing of the intelligent organized and widen crime, the traditional criminal investigation pattern which is mainly public is facing the biggest ever challenge. In order to make crime under control, most countries in the world adopted the means of secret investigation one by one. However, it is very aggressive, if uprightly used, or lose of control, it is very easy to infringe citizen's legal rights. To make a balance between attacking the crime and ensuring human rights, we should legislate to restrict secret investigation.The secret investigation regulated by law is on the basis of the rule of law and the theory of due process. In according with rule of law, executing public power should be under control. The power of secret investigation belong to the public power, it should be bound by norms. Due process is a mechanism to protect rights. We must comply with due process strictly in secret investigation, and each system should be designed with a high degree of due process.In western countries, the secret investigation has been strictly regulated by law. In common law countries, the case law and rule of law have played an important role in the process of rule of law of secret investigation. In civil law countries, secret investigation has been mainly regulated by the rule of law. The legal system of secret investigation in the two legal families reflect some common principles such as the principle reservation legal, the principle of proportionality, specific principle and the principle of judicial review.Overall, the legislation of secret investigation in our country at present is seriously lagging behind the times, there are a lot of flaws in the laws that regulate secret investigation. Legislative deficiencies have caused many negative consequences in the judicial practice which is harmful to attacking the crime and ensuring human rights and depart from the goal that building China's socialist country ruled by law. Based on this, legislative regulation of secret investigation is imminent. Regulating secret investigation by law should be based on the rule of law, the theory of due process, the implementation procedure and result reduction procedure of secret investigation. In addition, we should consummate judicial review system, procedural sanction system and national compensation system at the same time.