The Research Of Power Boundary Of Undercover Investigators

This article aims to research the power boundary of undercover investigators.Innowadays, as the drug-related crimes,underworld crimes, firearms, ammunition andother explosives crimes,smuggling crimes and counterfeiting of currency crimeswhich have no specific victims increasingly rampant,undercover investigation hasbeen more and more widely used.However,the law of our country does not state thespecific scope of the undercover investigation,nor do the investigators’ power boundary.This leads to the consequence that the legitimacy of the undercover investigation hasbeen questioned,because the major manifestation of undercover investigation is todefrauding trust from the guilties through the way of falsification of identity,then getinto the group to obtain information,the investigators may inevitable to do somethingthat illegal.What worth us ponder is that whether this behavior has itslegitimacy?Should we penalize for this bahavior? And what does this legitimacy andpenalization derivative for the power boundary of undercover investigators? All thisquestions need us to find there keys and also the task that our law shouldered.Combined with the lastest Criminal Procedure Code,this paper attempts to study theboundary of undercover investigators’ power,which is the blank part in our law,anddiscuss the behaviour of investigators,then define the limitation of investigators’detection.Moreover,through the choice of value conflicts among the justice, individualinterests and the country interests,expounding the solution of the contradiction betweenthe undercover investigators’ crime and the constitutional rights,also the principle oflegally prescribed punishment.In the way of analyzing the legal interests weigh standard,The principle of proportionality standard, duty behavior standard, strict identitystandard,which are currently popular in domestic,the article conclude that all thisstandards have some defects when they are used alone,they can not solve the promble ofinvestigators’ power boundary perfectly. Only by using them together, can they definethe investigators’power boundary successfully.As the undercover investigation is not specified in our law, the adverse consequenceslike abuse of power, power and the blame are not clear are emerge in endlessly thatbring a great deal of inconvenience to the criminal investigation. Therefore,our lawshould pay close attention to the undercover investigation,made it specific to theinvestigators and then using it as their guide,this can not only direct investigators’ act,but also protect their legal right.