On The Regulation Of Secret Investigation

The high increasing number in crime affect the social order, its intelligence, covert, organized brings pressure to investigating authorities to find the truth of case. The traditional investigative techniques are difficult to appropriate modern crime. But as to new means of investigation, especially secret investigation,how to balance fighting against crime and protecting the human rights with investigative techniques is a question that theoretical circles of scholars and practitioners constantly thinking about over the years. It often violates rights of privacy, communication freedom, and can be said that the secret investigation is a "double-edged sword". The new Code of Criminal Procedure has been clearly defined two main means of secret investigation, although it is out of the technical investigation, but legal restrictions on the judicial power of the State and the protection of human rights is the rule of law in the inevitable development. But we have to see that the law is only sets some kinds of investigative techniques, in reality the space of public power operation is large, it is not conducive to the protection of private rights. Simple licensing terms deviated from the principle of power need to restrict and not conform to the requirements of the modern rule of law. The author wants to research theory at home and abroad, to discuss secret investigation din detail, in order to benefit theory of secret investigation in our country.Based on this, from the definition and connotation of secret investigation, the author studied the related theory of secret investigation and introduced in detail the nature of the behavior of the initiative of the hidden, attitude of the initiative, easy infringement, means diversity. Then dividing the kinds of secret investigation, the name is analyzing hidden identity investigation in detail and delivery under control.Outside of the secret investigation, the relevant concepts such as secret technology investigation,compulsory investigation, investigation of investigation one by one. Legal conflict is that the secret investigation on privacy, intervention of criminal justice in ethics, there are huge risks.Against the rise of secret investigation, this paper intrudes respectively from the ancient and outside the legislative background of secret investigation, as criminal modernization, the human rights idea, the monitoring mechanism and social transformation and so on. It focuses on the comparatively typical continental law system and Anglo-American law system countries and regions of the legislation on secret investigation.By contrast, after secret investigation established in the legislation in our country, its current situation of the main difficulties, problems and reasons(ideological concept and special background), then draws the necessity of secret investigation procedure regulation is not only realize the efficiency of litigations, protect the security requirements, and guarantee citizens lawful private rights, to achieve the procedural justice, but also in line with international standards, to adapt to the trend of the development of science and technology.The end of the article is how to perfect process of secret investigation in practice application, and put forward the assumption from secret investigation of applicable scope, object, subject, conditions, puts forward the idea, principle and so on. Combining with China’s national conditions to the process of implementation of secret investigation makes specific requirements, such as period, material record, save.When improper implementation of the violation of procedures will need to remedy mechanism, restriction and regulation of secret investigation in supervision of examination and approval, the annual report inspection, giving the parties right to dissent and illegal evidence exclusion rules, damage caused by illegal investigation means giving the other party for compensation of rights, in accordance with the "state compensation law" to get the corresponding compensation.