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Study On The Standardization Of Secret Investigation In The Criminal Procedure Law

Posted on:2012-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:D Y GongFull Text:PDF
GTID:2216330368995067Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Secret investigation is in recent years the focus of widespread concern problem, especially the newly promulgated" criminal law amendment (Draft)", is the secret investigation to push in the teeth of the storm, the secret investigation development and development path once again aroused strong concern. But in our country, many of the basic questions about the secret investigation has not been determined, the secret investigation of a lot of controversy still can not calm, which to some extent, restricts our theory is the study of the processes of secret investigation. At the same time, our country's legislation of secret investigation in general also exhibits a first characteristic of secret investigation, legislation for the stipulation is too general and principle, the investigation organ of secret investigation is at the discretion of space is very large, this may cause the secret investigation law is stranded, another side is completely possible secret investigation into the investigation organ based on utilitarian psychology and retaliatory investigation. Thus, the standardization of the secret investigation is put on the research agenda.Secret investigation standardization is not only get rid of current our country legislation defects of secret investigation basic measure, also is to construct rational pattern of criminal proceedings is the urgent demand. On the feasibility, the standard of secret investigation accords with the general law of the development of the secret investigation, but also is the intrinsic requirement of legalization of secret investigation, extraterritorial on secret investigation is a successful legislation and experience, for our country to improve the legislation of secret investigation provided a lot of reference and draw lessons from. Take this as the foundation, unifies our country criminal investigation of the specific and actual condition, can from macroscopically and microcosmic two respects of the secret investigation to make a theoretical guidance and system design. In microscopic view, it should be further clarified the scope of secret investigation, secret investigation, the kind of secret investigation procedures, secret investigation period, the construction of judicial relief system of secret investigation, secret investigation information of special and destruction of concrete system.
Keywords/Search Tags:secret Investigation, standardization, criminal procedure law
PDF Full Text Request
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