About The Secret Investigation And Protection Of Human Rights Research

With the development of economy and the progress of science and technology, the criminal means gradually become intelligent, technical, and conceal. At the same time, significant changes have taken place in the form of crime, which is reflected that the single crime form transferred to the organized crime. In the face of new type of crime, sometimes the traditional detection methods are difficult to play their roles, which virtually increased the difficulty of solving the case for the investigation organs. The secret investigation is getting the favor of investigation organs and have being widely used to the criminal investigation work around the world. which because its characteristic of concealment that investigation organ can collect criminal evidences at the circumstance of the investigation object’s unknown. It is characteristic that improve the efficiency of investigation. However, the secret investigation also has the characteristics of infringing the rights of citizens easily, which will pose a threat to the rights of citizens if it is used improperly. In order to play the role of secret investigation effectively and legally in fighting crimes, we should set up a corresponding institutional system guarantying the implementation of secret investigation measures. The newly enacted "criminal procedural law" increased the section of "technical investigation measures", In which two types of secret investigation measures widely used in the judicial practice are made relevant provisions,and it lead a legalized road for secret investigation. However, there are many shortcomings in legislation. It is necessary to refinement related laws and regulations further, and improve the related supervision and remedy mechanism about secret investigation, and build a perfect system of secret investigation procedure. In a word, the criminal investigation can balance the crime control and human rights protection dynamically.This paper is divided into five parts:the first one is an introduction that mainly introduces the background and objective of this article, the methods of writing as well as the relevant study of this article in academic world; the second part is to introduce the definition of the secret investigation, current development of international human rights protection and the specific conflict embodiment of secret investigation and the citizen right, analyze the necessity and feasibility about the coordination of secret investigation and human rights protection; the third part, mainly introduces the system design about the secret investigation and human rights protection in the major countries of two important legal systems, through the analysis, while it is different of legislative emphasis on the secret investigation and human rights protection, but the refinement of secret investigation measures is the common features of the major countries of two important legal systems; the fourth part is to introduce the legislative and judicial status about the secret investigation and human rights protection in our country and analy the necessity and feasibility of secret investigation under the rule of law from other countries; the fifth part, combined with the actual situation in our country, to put up suggestion and advice about refining the secret investigative measures and improving our country’s secret investigation and human rights protection.