The Research Of Relevant Problems About Criminal Informant In Criminal Litigation

Criminal informant is an effective way to fight crime, as a kind of secretinvestigation measure, criminal informant investigation plays an irreplaceable role insolving some specific cases, and even some cases without criminal informant isunable to carry out investigation work.But due to the lack of legislation onmacroscopic, a series of problems produced in the practice of criminalinvestigation,which the most obvious problems are that the criminal informantimplement hazard behavior problems and criminal responsibility identification andcriminal informant testifying in court. This paper mainly discuss the two questions.This article is divided into three parts, the main text altogether twenty-onethousand words.lThe first part is on the current status of application of criminalinformant.Criminal informant plays an important role in the fight against crime, theinvestigation organ is more and more widespread use of criminal intelligence,criminal informant investigation adapted to the needs of society and the developmentof the times, but there are still many people questioned the use of criminal informantlegitimacy and necessity.This part first analyzes the legitimacy and necessity of usingcriminal informant, due to the lack of legal regulations, criminal informant causedsome problems in use, in terms of the contents of this paper, two main problems in thecriminal procedure, namely, how to identify responsibility of the harm behavior of thecriminal informant and the criminal informant testify in court and the admissibility ofevidence, leads to the two questions below discussion.The second part on how to identify responsibility of the harm behavior of thecriminal informant and put forward some legal regulation measures. Due to variousfactors, the criminal informant act harm behavior with natural possibility, it is hard toavoid. How to determine the responsibility of the harm behavior of the criminalinformant is a very controversial issue, the harm behavior is complex, can not bemeasured with a standard, we need to discuss it from the point of view ofclassification.Unlike the previous point which fits all conditions from a sameperspective, this paper thinks that different kinds of criminal informant the applicablescope of cases are not the same, the responsibility of harm behavior they should bearis not the same, should be integrated in many aspects into consideration, combined with the specific case.Some principles are proposed from the perspective of criminallaw in this part to identify the responsibility of harm behavior, with emphasis on theclassification, discusses all kinds of cases, different types of criminalresponsibility.Although criminal informant constantly implement hazard behavior isdifficult to avoid, but can’t leave it as it is, it must carry on the legal regulation tomake it better play the role of the fight against crime.This part puts forward someoperable suggestions act for the legal regulation of criminal informant.The third part discusses the criminal informants testifying in court.Chinese lawdoes not provide for the criminal informant with refuses to appear in court to testify,but give the criminal informant right of refusing to appear in court to testify is verynecessary. Most of the countries in the use of criminal intelligence at the same time,also provides for criminal informers the right of refusing to appear in court, thesepractices provide a good reference for us. Completely give the criminal informant thisright will against the testify and justice of the law, so we should set conditions, carryout the necessary restrictions on the rights of criminal intelligence, and at the sametime, need to be in pursuit of the criminal informant of personal safety protectionwork.The fouth part discusses whether the evidence of criminal informant isadmissible. To appear and testify in court is accompanied by whether the evidence ofcriminal informant is admissible, due to some factors, whether the evidence ofcriminal informant can be accepted widespread controversy. Based on the comparisonof the judicial practice in other countries are analyzed, put forward that we shouldtake two layer progressive filtration way to admit the evidence and testimony of thecriminal informant, to ensure that innocent people is not pursued, and seek a balancepoint between combating crime and protecting human rights.