The Establishment Of Informant System Of China

With the development of society, the hidden of criminal offenses growing, especially in the organized crimes and no victim crimes, investigation of cases detected sector has become more and more difficult. Many countries and regions in the world select informers using for investigating criminal case, and a lot of informers are used in China, unfortunately, the law about the informer system is still in the blank state. It led to a large number of problems in practice for lack of system, informers at the edge of the law, their status and rights are not effectively protected, the situation of using informers is very confused in practice, there is no procedural and supervision on protecting informers, investigation authority and the judiciary in the issue of dealing with informants can't reach a unified attitude. Therefore, it is imminently to establish the informant system, it plays an incalculable significance role in improving the criminal justice system, combating crime and protecting the informants.This article is divided into three parts, including introduction, body and conclusion, and the body which includes the following main elements:The first part is an overview about the informant system. Informer in the criminal investigation is a common view, it has a long history and in the modern criminal investigation is widely used in practice, and it plays an important role in fighting serious crimes. Informant' main task is to collect information and evidence for invest authority, who has a hidden, initiative character, and are controlled by the invest authority. Contrary with other people in the criminal cases, informant has its character.The second part is the comparison of extraterritorial informant systems. As the representative of two legal systems, the United States and Germany's informant systems are relatively mature. They manage to recruit informants, from the use of the supervision, protection from the control to have a set of strict rules, so informants operating have the system of protection in these two countries. In Taiwan, China, "Police Law of the exercise of authority" is also built on the election made clear provisions of informants, by comparing the similarities can be drawn is the whole informant system, it involves many aspects, such as recruitment, management, the program of use, criminal immunity, protection and so on.The third part is about the status of informers and the analysis of system problems. A lot of informants are used in practice, they are easy to lose control, the police and informers will joint criminal together, because of lack of protection, informants are vulnerable to persecution; In the institutional aspect, our current situation is that there is no law provisions and legal proceedings to protect informant system, these defects lead to a lot of problems. This situation must be resolved.The fourth part is about our informant system. We use a large number of informants in practice, so we should establish a system which up to China's national conditions and protects criminal procedure smoothly; especially it has to make clear requirements about the selection, use, and special protection of informers.