Study On Undercover Investigation In China

With the new round of modification of criminal litigation law, undercoverinvestigation means have become a focus of people’s discussion again in spare time.The formal legislation on provisions of technical detection measures provides a legalbasis for undercover investigation and gets out of the past awkwardness that therewas no legal basis for undercover investigation. Based on the concept of undercoverinvestigation and domestic and foreign litigations on undercover investigation, thedevelopment course, current situation, existing problems and potential risks ofundercover investigation in China are analyzed in hope of providing basis for theperfection of undercover investigation.First, the etymology of undercover is explained, then the concept of undercoverinvestigation is combed in narrow and broad senses. In practice and theory, there aremany similarities in undercover investigation, inductive investigation, disguisedinvestigation and common undercover investigation, which is explained in detail inSection I of Chapter I and on this basis, the meaning of undercover investigation isproposed and the characteristics of undercover investigation in four aspects areconcluded and summarized. In Section II of Chapter I, the development course ofundercover investigation both at home and abroad is combed. In Chapter II, thelitigation status of undercover investigation globally is generalized, summarized andcompared, the excellent practices are learnt and domestic problems are reflected,providing reference for the current situation of undercover investigation in China.Then the emphasis is put on the domestic problems, in Chapter III, the defects andshortcomings of undercover investigation in China are explained respectively from the current situation and problems existing, through investigation, the imperfectionof undercover investigation system of China is seen through. Finally, on the basis ofdiscussions of the above chapters, the author proposes the suggestions to perfectundercover investigation of China from detection supervision mechanism andundercover investigation personnel guarantee system.