On The Secret Investigation Process Control

In the rapid development of science and technology and the rising economic strength, criminal areas show the new changes. New types of crime, such as cybercrime, financial crime, organized crime, terrorist crime, have the strong anti-reconnaissance capabilities like intelligent, organized, group technology, specialization and so on. This is not only a great threat to our lives, but also greatly improves the coefficient of difficulty of the investigation work. In this situation, the ordinary means of investigation can not meet the need of investigation. Secret investigative techniques as a weapon against those with hidden characteristics of new types of crime, and more and more countries around the world use it. In judicial practice, because the secret with the concealment of the investigation, mandatory features so that it is difficult to supervision and control. In the process of implementing, secret investigative measures exist closure and opacity, appear black-box situation. Extra-territorial state under the rule of law has recognized the seriousness of this problem, and these countries conducted a secret investigation of the regulation of the system. In contrast, China’s secret investigation of the legal regulation is still lacking, the process is relatively backward. On this basis, the author based on China’s legal environment, based on the study and comparison of other countries’s models, characters of secret investigation process control, along with the fact of our e country’s legislation, practice, the author put forward some tentative ideas on the secret investigation process control. First of all, this paper introduces the basic theory of secret investigation, including the concept, characteristic and classification. Furthermore mainly analyzed the theoretical base of its process control, that is, theory of constitutionalism and process sanction. Secondly, in this paper, the United States, Germany, Japan’s secret procedural law regulation investigation comparative studies. We can draw some of the experience is worth learning. Finally, based on the legislative status and practice of China’s secret investigation, I proposed some reform idea. This article not only describes the start-up conditions and the scope of application of the secret investigation, but also introduces the system of judicial review to China’s secret investigation. This article describes the application procedures, review procedures, judicial writ, as well as the implementation deadline. Even more important, this paper introduces the security procedures and punish program about secret investigation system. This has given secret investigation relative person the corresponding relief the rights and increases the detection behavior for illegal secret of retribution. The increase of procedural sanctions way can effectively reduce the illegal behavior, and realize the secret investigation of the rule of law.