Analysis Of Informant Investigation’s Legitimacy And Reformation

Criminal informant is short for criminal special agent.They collect criminal information and evidence,detect and control crime,and help the police solve the criminal case.Its key feature includes confidentiality,initiative,risk,transactional and fraudulence.In the criminal investigation practice, the public security organs use secret investigative measures in order to deal with the increasingly subtle, professional, organizational, technological criminal activity. As one of them, criminal informant investigation can overcome the problem about the limited resources of police organs, obtain the information and evidence of crime, prevent and combat the modern criminal, and improve the efficiency of social defense results.The benefit which was brought by criminal informant investigation make it quite popular in the investigative authorities.The inherent characteristics of fraudulence,confidentiality,temptation of criminal informant investigation makes this investigation measure must be conflicted with criminal judicial credit,civilian right of privacy and right of personality autonomy and so on, which makes people be skeptical with the legitimacy, and even denounce. Basic right of citizen will be no significant in the society out of order, but criminal informant investigation just be pursuing the basic value of order. So, this investigation is actually not perfect but necessary, as long as the fraudulence has not exceeded the moral responsibility boundary, as long as the temptation has not passed the normal bear range of autonomy, as long as it can strictly carry out according to the legal procedure, as long as it can stride forward to legalization, then law and society need keep tolerability to some extent. In addition to what has said above, the confilict between cost of criminal informant investigation and income also influences the legitimacy. However, any behavior need pay certain cost with no exception to criminal informant investigation, concluding direct cost and error cost. The direct cost is lower the income relatively of criminal informant investigation, and the error cost will be decreased with the development of legalization and standardization. In conclusion, criminal informant investigation is legitimate.Current situation of criminal informant investigation in our country is grim, and a lot of problems still exist. First, lack of relevant laws and regulations makes this controversial investigation measure be an investigation measure out of law, also makes no law support to the executive. Second, procedure rules, such as external audit,supervise,relieve,safeguard system for appearing in court as a witness and some relevant rules of evidence, not only leads to massive wrong investigation behavior,waste of investigation resource and judicial resource, but also makes it be abused, then judicial corruption and unjust judge appear. Third, construction and management of criminal informant investigation are not normative. The problem is outstanding that investigation offices construct blindly and operate unnormally. The order of management is in utter disorder, which lead to problems that criminal informant attracts people committing crimes,joint crime with the police and violation to privacy and so on. Four, the lack of criminal informant investigation safeguard mechanism, not only breach law concept of "state respects and safeguards human rights", but also makes it difficult to carry out criminal informant investigation.Informant investigation system is relatively improved in German,America England and some civil law countries and some typical common law countries. There are basic principle,appointment and identity security,dismiss,approvement and supervise about informer in German written law. Case law,written law and internal rule of judicial office in America and England about informer, there are concrete operation procedure and method on construction,management,application,behavior authorization,attractive crime. Overseas system above is considerably exquisite, with regard to realize standardization and legalization of criminal informant investigation,it is worth of using for reference.Therefore,in order to ensure that criminal informant investigation can operation on the orbit of law, while it improve the efficiency of criminal investigation.It is necessary to implement the following measures.Firstly,determine its basic principles,such as procedural legal principles,proportionality principle,principle of judicial examination,right relief principle,and the principle of public order and good social customs.Secondly,improve the relevant rules of procedure,such as limiting case scope, improving the examination procedure, supervision procedure and relief procedure, perfecting the witness-protection mechanism and the relevant evidence rules.Thirdly,regulate its selection work and optimize its management mechanism. Fourthly,structure its rights and interests safeguard mechanism,such as ensure its crime cognizance rules,strengthen psychological debugging,pay the remuneration timely and reasonably,.This article takes criminal informant investigation as the research object,combines with the knowledge of criminalistics, criminal procedural law, jurisprudence, sociology,criminology, economics and other disciplines,uses method of comparative analysis, method of value analysis, and method of empirical analysis to analyze the legitimacy of informant investigation.At the same time,this paper analyzes the related problems in china,refers to the foreign practices and put forwards some feasible suggestions,in order to bring help to its academic research.This paper is divided into four parts.The first part mainly introduces its concept,type,characteristic and major function,in order to understand informant investigation accurately.The second part analyzes informant investigation’s legitimacy.It mainly analyzes the contradiction between the fraudulence of informant investigation and criminal justice honesty,the contradiction between confidentiality and citizen’s privacy right,the contradiction between its temptation and citizens’ self-determination,the contradiction between transactional and the judicial purity,and the contradiction between the costs and benefits of informant investigation.Weighing their value can demonstrate the legitimacy of informant investigation.In the third part,on the one hand,it uses empirical analysis method to research the present situation of legislation and practice in our country,in order to discover and analyze its problems.On the other hand,it regards Anglo-American law system and continental law system as the research sample,absorbs its advanced composition and reasonable composition, thus we can better improve.The fourth part puts forward the advises about the reformation of informant investigation and conducts a detailed feasibility analysis,in order to make it under the rule of law as soon as possible.