The Evidence Qualification Of The Undercover Investigation

In recent years, along with the domestic and foreign criminal terrorist activities endangering state security crime of the underworld property organization crime of major drug crimes and other dangerous crime, ordinary reconnaissance means is ragged.The undercover investigation as a special means of detection, can make up for the defect of ordinary reconnaissance means, in-depth internal crime group, collect criminal evidence, thus thoroughly collapse criminal organizations.For protecting human rights legislation idea, however, the evidence obtained the undercover investigation means, whether should give it the evidence qualification, in reality, has become a thorny problem.In 2012, we modify the criminal procedure law of our country, the new increased technical reconnaissance means, evidence for its qualification, the highest in article 266 of the inspection rules for a rough rule, does not address the evidence obtained the undercover investigation effect problem.This evidence is under what circumstances need to strictly abide by the rules of illegal evidence exclusion? What circumstances can break the illegal evidence exclusion rule.Based on the specific case as the breakthrough point, through the literature,undercover investigation of the importance in the modern rule of law and defects By the provisions of the countries around the world to this problem, and the judicial practice of the status, on the evidence obtained by the undercover investigation to conduct a comprehensive explanation.This article is divided into four parts:The first part is the overview of undercover investigation system Mainly introduces the definition and analysis of the undercover investigation analyzes characteristics of legislation.The second part of the undercover investigation of evidence obtained evidence ability Continental law system countries from Anglo-American law system countries,as well as the effect problem for undercover investigation of evidence in our country’s legislation present situation and the theory of the contrast analysis, combines the actual conditions of our country national condition, sums up the lessons of related system and concept.The third part is the undercover investigation of the evidence obtained for a concrete analysis of the problem For the material evidence obtained in the undercover investigation documentary evidence and other kinds of evidence, the witness’ s testimony evidence to them respectively discussed the pros and cons of effect after.The fourth part is the undercover investigation evidence collection behavior regulation.Through the analysis of former three parts,That should give the evidence effect,The main problem is to safeguard human rights and the contradiction between the punishment of crime,So, the key to solve this contradiction lies in how to regulate forensics behavior.