The Construction And Improvement Of Informant System In Criminal Investigative Field

The collection of criminal information is a core issue of investigation, in order to break the shackles of investigative method and technology, and to maximize the collection of criminal information, and to improve investigative benefit, to some extent, almost all countries in the world use informants to detect crime. Now the informers are used of highly irregular in our country, exposing the many difficult issues. On the basis of foreign lawmaking,and in combination with the experiences and lessons in judicial practice, this article focuses on constructing a set of reasonable informer investigation system to achieve the aim of strengthening the advantages of fighting against crime and suppressing the shortcomings of protecting human rights ". The purpose of this is the main line through this article. This paper is divided into four parts:The first part is to define the concept, subject, scope of informer, highlight the unique characteristics of informants, distinguish with other similar system and concept, in order to lay a good foundation for the later construction and improvement; the second half part discusses those classic cases on using informants from ancient to modern, which show that using informers to investigate cases has been a general trend, we can not escape the problems, and can only seek solutions to them actively, and also we can see from this part that the content of informant is continually to enrich and the scope is also constantly to expand. This section is the foundation, focusing on having a basic understanding of all aspects of the informer system, but the latter two parts need emphatically discussion.The second part discusses the typical problems appearing the practical use of informants,to show the immaturity of the system, while a immature system is double-edged sword, accidentally could cut yourself or cut someone else, how to solve these problems to become a top priority. At the same time this paper states the measures taken by exile areas, in response to direct good at the construct and improvement of the informant system in the third part. This section from five aspects describes when using informants to detect cases, the informants, investigators, investigative objects are likely to appear illegal criminal phenomena, of course, the key is to keep the balance between fighting crime with protecting human rights.The third part designs countermeasures to the issues raised in the second part. This section firstly simply discusses the foreign status of legislation on the informant investigation, and makes recommendations to China's legislation, specifically from the physical and procedural aspects to build, later from the protection and punishment aspects of informers to improve the use of informants. Finally, to maximize the role of informant investigation and the protection of human rights, this section puts forward an initial idea of establishing the supervision and control mechanisms to address the conflicts between high confidentiality of using informants with the introduction of supervision and control mechanisms.The fourth part is a conclusion, which simply illustrate a status quo that yet we have a long way to go at building and improving the system of informers and need to continue to explore in practice, summarize the experiences and lessons, finally we will find the right way to achieve this goal.