Analysis Of The Legalization Secret Investigation

As the crime is getting increasingly intelligent, organized and covert, the traditional crime investigation pattern dominated by public investigation has come across unprecedented challenges. Therefore many countries begin to adopt the secret investigation to crack down and punish the crimes so as to realize the target of crime control. Due to the essential feature of secret investigation, it is easy to infringe the legitimate rights and interests of the public without proper management and control. In order to achieve the balance between cracking down crimes and safeguarding the human rights, it is a must to strengthen the legal regulations towards secret investigation.Starting from the interpretation of the concept of secret investigation, the paper discriminates and redefines the concept of secret investigation, believing that the purpose of secret investigation is to reveal and prove the crime, so for the investigation organs subjectively they strongly insist on confidentiality and objectively will take relevant measures to keep secret, applying the investigation methods and approaches to the parties without being noticed. The secret investigation features elusiveness, initiative, compatibility, continuity and complicated ways of implementation, and its common methods include technical investigation, police encouragement, undercover investigation, special investigation and so on. After a summary of the above points, the paper extends and expands the content based on the tradition classification.Recalling the history of secret investigation will help to discover its development course. Based on the summary of legalization process, as well as the theoretical evaluation of secret investigation legalization, it is considered that the existence of secret investigation is a necessity, and there are theoretical basis and realistic demands for its legalization. As a result, the basic targets of the legalization of secret investigation is defined, including improving relevant laws of secret investigation, optimizing the supervision and limitation regulations about secret investigation right, and establishing the human rights protection system etc. The comparative examination of the legal regulations of secret investigation has laid a solid foundation for the reflection and reconstruction of secret investigation legalization, believing that the relevant legal regulations regarding technical investigation in the new Criminal Procedure Law are worthy of introspection. As for the relevant system construction of the secret investigation legalization, the paper puts forward the suggestions of judicial review system, procedural sanction system, state compensation system and so forth, and proposes the ideas of secret investigation legalization in terms of legislative form, main body, measures, domain and prescription, examination and approval etc.