Research On The Competence Of Evidence Of Secret Investigation

As a particular investigation, secret investigation has played a significant role in the process of criminal judicature in many countries all over the world. In China, secret investigation was applied as a means in military and politics at the beginning. But with the development of criminal judicature, secret investigation, which was more and more continually applied in this area, was gradually becoming a specific criminal investigation. In modern society, criminal act becomes more intelligentized and convert in recent years. It is difficult to crack criminal cases in traditional investigating means because of criminal’s increasing ability against investigation. In this situation, secret investigation is applied widely in varied criminal cases in order to fit in with the needs of the society.At present, as the development of science, there are more and more useful measures of secret investigation for the investigative organization to gather evidences, such as spying the subject, tailing after a suspect, secret picture recording and other means which has proved effective in practice. The evidences that the investigative organization gathers via secret investigation are always real and dependable. However, everything has two sides. In order to punish criminal, investigative organization created secret investigation, but in the process of investigating, sometimes there would be an aggression upon the fundamental right of investigative target. The civic right cannot be infringed in any society and any period only when it is under an appropriate reason. Therefore, it is important to find a balance between the civic right and public interest.Actually, secret investigation is the one which is based on sacrificing civic right to public interest. Hence explicit and detailed legal provisions for secret investigation will be required. In our country, secret investigation is applied continually in juridical practice while there is an absence of legal provisions for secret investigation. Meanwhile, the evidence comes from secret investigation are always doubted on its credibility because of the same reason. Therefore, in order to adopt the evidences of secret investigation, usually investigative organization uses lawful methods to transform it so that it can be adopted in trail. But in the process of transformation, investigative organization will hide the source of evidence; the aggression upon civic right is always ignored.This thesis dedicates to find out the competency of the evidence from secret investigation and discuss the possibility of establishing the examining regulation for evidence from secret investigation. In this way, secret investigation will be normalized by examining regulation in order to guaranteed lawful rights of a suspect or a defendant at utmost.