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Research On The Informer Of Criminal Investigation

Posted on:2014-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:J Y BaiFull Text:PDF
GTID:2246330395993821Subject:Law
Abstract/Summary:PDF Full Text Request
As a kind of secret investigation method, informer of criminal investigation iswidely used in investigation practice, secret investigation has its distinctive featuresand the irreplaceable value of the property, has the incomparable advantage,traditional detection means in the detection of drug crimes, the underworld propertyorganization crime, smuggling crime organization, strong concealment and rendersuch as scale, and no traditional criminal the victim field of collectivization, plays ahuge role, secret investigation has become an indispensable tool in the field ofcriminal investigation. No doubt, secret investigation for timely, arises at the historicmoment, as a way of investigation has its rationality, but will be under the rule of lawframework, secret investigation flaws stand now, secret investigation in our countrysystem still has many flaws and the insufficiency, needs further development andimprovement.Taking drug crimes as the horizon to objectively reflect the present situation ofthe secret investigation in our country to carry out, to explore the malpractice of the present situation investigation system, and look for ways to break. Full text isdivided into five most. The first part, the connotation of secret investigation hascarried on the investigation, analyzes the concept of secret investigation, through thesecret investigation and temptation investigation, of undercover surveillance andother similar concepts, highlight the secret investigation personnel special identity,and its behavior way of legal issues facing different and different, make the conceptof secret investigation is more clear, clear concept on the classification of thecriminal situation after combing, illustrates the characteristics of secret investigationis suitable organ specificity, the purpose of uncertainty, the behavior main bodyparticularity as well as the implementation of the secret. The classification of thecriminal situation of our country, reveals the meaning of secret investigation. Fordrug crimes in the second part, for example, from the drug war situation to build, use,management and protection of delve into four aspects, tries to reveal the secretinvestigation in our country the practice of the status quo, and based on thiscomment. Criminal situation of the building is an important part of the secretinvestigation, are applicable mechanism of situation and organization staff looking for secret power process, situation of personnel construction in a sense, determinesthe success or failure of secret investigation from the start, the situation is andmanagement is a central part of the secret investigation practice, the use of scientificand management situation is to use the key to good situation investigation, thesituation of protection of secret investigation is to carry out the basic guarantee. Thethird part, based on the practice status of secret investigation in our country, also indrug crimes, for example, summarize and conclude the main problems existing in thepractice of secret investigation. Secret investigation in our country has manyproblems in practice, to find and identify the problem, is constant developmentsituation investigation system in our country, the only way to constantly improve.This article will present situation investigation practice summed up the problemsexisting in the legitimacy and rationality of questionable; The lack of unifiedlegislation; The fact of the secret investigation has become finalized according to thelegal basis; Lack of effective supervision and investigation organ sanctions andsecret personnel not to testify the adverse consequences of the five major problems.The evaluation, find the crux of the problem. The fourth part, the secret investigation in investigation stage, stage of examination and prosecution and trial stages are facedwith the problem, respectively made a thorough inquiry, and connecting with thepractice to analysis, hope to reveal the secret investigation in our country there is thereal cause of the problem in practice. Department is divided into the focus of thisarticle, secret investigation is carried out in the secret state, only the wealth ofinformation about the secret investigation situation and command of secretinvestigation personnel can understand and grasp, but in practice in sentimentdetection methods used as the public security organs of the investigation, not no,procuratorial organs, judicial organs in the process of case will always find there isevidence of secret investigation, which makes downstream of procuratorial organs,courts and other organs found, research, supervision and correction of secretinvestigation, this paper explore the secret investigation in the investigation,examination and prosecution, trial three different stages of the practice’s presentsituation and existing problems, and from the investigation, prosecution andsupervision, to perform the trial in accordance with the functions of three differentangles of secret investigation, the author analyses the practice of the objective and comprehensive outline of the basic problems of secret investigation in our country,and started to do the necessary preparation for the below. The fifth part, combinedwith China’s national conditions and practical experience, on how to perfect ourcountry’s situation investigation put forward its own views and Suggestions. Thispaper aims to find the secret investigation in our country the problems in practice,and put forward solutions, found that the problem is not difficult, difficult is theeffective solution, this article will hope that the development of secret investigationsystem, perfecting legislation, establish the legal status of the secret investigation, bygiving direct evidence of secret investigation power, perfecting the illegal evidenceexclusion rules and establishing the system of special personnel to appear in court totestify to rationalize situation investigation of evidence system, specification reviewof secret investigation decided at the same time, will be placed under judicial reviewsituation investigation and establish the fault responsibility check system, finallythrough the upgrading of the technical content of secret investigation and givecriminal immunity situation personnel to ensure the safety and efficiency of thesecret investigation.
Keywords/Search Tags:The Informer of Criminal Investigation, Drug Crimes, the Status Quo, TheProblem, Legislation, Supervision
PDF Full Text Request
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