Research On Secret Investigation In China

Crime forms show a trend of intelligence、concealment and complicate by the effects of the continuous development of science and technology, the traditional public criminal investigation pattern is facing the new challenge. Facing the current complicated social situation and the new type of crime, the investigation organ must timely change the ideas on how to investigate. Secret investigation, as a kind of effective investigation evidence collection measures, more and more get the attention of the investigation organ in investigation practice.At present, many countries in the world have adopted secret investigation to solve cases and fight against crimes, but because the secret investigation has the characteristics of concealment, secrecy, and the fuzziness of the existing laws, the right of secret investigation is easy to be abused in the process of investigation in China. The situations of infringing upon lawful rights and interests of the investigation targets happen regularly. Therefore, balancing the relationship between the secret investigation and guarantee of human rights, realizing the secret investigation system under the rule of law is the only way. Based on the basic theory of criminal investigation science, the author combined with the new "Criminal Procedural Law" about the regulation of secret investigation, through to the countries all over the world on the comparative analysis of the legal standard of secret investigation, for difficulties which the secret investigation are facing in our country, discusses the path of the rule by secret investigation in China. The whole paper includes the five parts.The first part:Introduction. Mainly introduces selected topic background, the theoretical and practical significance of the research, the research status at home and abroad, research methods and innovations.The second part:The secret investigation system overview. First of all, on analyzing the current representative definition of the concept of secret investigation in China, try to redefine secret investigation and discuss several unique characteristics of secret investigation. Finally, several basic types of secret investigation are discussed in detail.The third part:The present situation and the disadvantages of secret investigation system in China. This part describes the present situation of the current system of secret investigation in our country, including the current legislation and practice, and analyzes the disadvantages of the secret investigation system in our country from two aspects of legal regulation and judicial practice, including that the secret investigation system lack of effective legal guidance, lack of procedure control, the supervision of the judicial relief system is imperfect and so on.The fourth part:Comparative analysis of foreign secret investigation. This part mainly introduces research situation of secret investigation system in Germany, the United States, Britain and Japan, analyzes and compares the above several countries, finds some problems of the secret investigation in our country.The fifth part:Exploring into the legalization of China’s secret investigation. Firstly it expounds the necessity of the system of secret investigation in our country under the rule of law, and then puts forward some suggestions on improving secret investigation under the rule of law, including making up for the insufficiency of legislation, establishing strict supervision and right remedy mechanism, strictly limiting the use of evidence of secret investigation and so on.The innovation points in this thesis include:1.After the objective comment on several representative views in academic circles of the concept about the secret investigation, redefine the concept of secret investigation, meanwhile outline some major characteristics of secret investigation after differentiation and analysis with other similar concepts;2.Systematically analyze the present situation of secret investigation in our country and make a thorough description on the confusion condition of secret investigation in our country in the legislation and in practice; 3. This thesis creatively presents that the evidence obtained in the secret investigation should be strictly reserved or destroyed in due course.