Secret Investigation And Control

The paper firstly introduces the concept, characteristics and classification ofsecret investigation. It continues to point out various risks such as violations ofindividual rights in the process of secret criminal investigation, and then focuses onthe comparison of the control on secret investigation among China, the Unites Statesand Germany, searching for useful experiences from western countries. On this basis,the author analyses the problems and their causes of secret investigation in ourcountry in the process of legal regulation and practice. He also proposes conceptionsabout the improvement of secret investigation in our country, hoping to achieve thebalance between crime control and protection of human rights. The paper consists ofthe following four parts:First part: the basic category of secret criminal investigation. In this part, theauthor defines the concept of secret investigation by revealing its nature. He thenfurther analyses the characteristics and classification of secret criminal investigation,and gives an overview of the legal norms of secret criminal investigation, aiming at acomprehensive understanding of secret criminal investigation.Second part: the risk and control of secret criminal investigation. First, theauthor elaborates the main risks existed in secret criminal investigation. He believesthat the most crucial one is the violation of rights of the targets of secret investigationand its impact on ethics. The author then compares the key aspects of the control ofsecret investigation in terms of substance and procedure in China, the Unites Statesand Germany, through which the difference of the control among the three countriescan be found. The aim of the comparison is to find out the deficiencies of norm andcontrol of secret investigation in our country.Third part: problems and their causes of secret investigation in our country. Theauthor respectively states the problems of secret investigation in our country from theaspects of legal regulation and judicial practice, and analyses the causes of theseproblems. He reckons that the major deficiencies lie in the procedure restrict and protection and relief of human rights. He also suggests that the causes of the problemsexisted in secret investigation are the tight control from the country, the constraints oftraditional concepts, the features of distribution of judicial power in China and theimpacts of political factors.Fourth part: conceptions about the improvement of secret investigation in China.In this part, the author begins with the statement of basic principles that should befollowed in the regulation of secret criminal investigation, which are mainly theprinciple of procedure under Law, the principle of proportionality, the principle ofjudicial review and the principle of right relief. The author then puts forward somespecific conceptions about the legalization of secret investigation in our country, suchas strengthening supervision, establishing sanction mechanism for illegal secretinvestigation and building up right relief mechanism. He hopes that the secretinvestigation in our country can gain maximum crime control with minimal sacrificeof rights.