On The Power Of Secret Investigation

With the continuous development of social economy, means the use of a large number of high-tech crime, but also for terror crimes, Mafia crime, smuggling, drug trafficking and other properties particularly bad, particularly large social harm a high incidence of crime, so the public security organs, procuratorial organs handling such cases are often secret investigation means to spend, and in the secret investigation, the Secretary may at any time because the investigation involving the infringement of their rights of citizens, such as privacy. In the new situation we are facing now a new type of crime, so that to re-change detection ideas, improving investigative techniques and secret investigation as stipulated in the newly built "Criminal Procedure" also only a few specific provisions for the technical investigation, and prosecutors on their own investigation of major cases of dereliction of duty and assault and battery does not enjoy the right to secret investigation. This article intends to discuss these issues in order to improve our Attorney secret investigation on the right of legislation play a valuable role.Full-text language and conclusion except guide is divided into four parts.Part Ⅰ:Overview of the right of secret investigation. First, the secret investigation and covert investigative powers Discriminate the concept, through the concept of discrimination, to define the concept between the two; Secondly, the right of secret surveillance characteristics and classification are discussed; once again to introduce the country and abroad for the secret some brief investigation system development process. Finally, we introduce the existing laws on the right of the main provisions of the secret investigation.Part Ⅱ:The Secret of the exercise of investigative powers subject, applicable objects. China is now the law are presented through the provisions of law, the exercise of secret investigation referrals we are subject, and we are in a secret investigation, under what circumstances can be applied to secret investigative means. Secondly, the secret investigation to clarify the application of object; Again, in the secret investigation, the secret investigation right way, what are the specific applicable; Finally, the scope of our current analysis of secret investigation.Part Ⅲ:My secret investigation right system deficiencies. First of all, the right of secret investigation misallocation of prosecutorial power and the status quo is not configured secret investigative powers; Secondly, the exercise of the right of secret investigation of a wide range of conditions are too, too wide range of privileges for the harm caused, for Chongqing hitting the Peng Hung in a labor camp a case is described; Once again, China’s existing laws on secret investigation lacks external oversight; again, the analysis secret investigation rights abuses related to the lack of legal liability regulations.Part Ⅳ:My secret investigation Perfection right idea. First, the secret of the prosecution should be given investigative powers; Secondly, the exercise of the right secret investigation should be external oversight; once again, clearly apply to the right to object and secret investigation of illegal use of secret surveillance explicit right to bear the responsibility.