The Regulation On The Existence Ofsecret Investigation System In China

As the overall progress of the social life, especially in science and technology innovation, provides a convenient, many new type of crime in response to solve the demand of new type of crime, secret investigation also gradually by lawmakers on the paper. The present all kinds of serious drug crime, corruption and bribery crime as well as the underworld property organization crime is still simmering, these crimes have harm large, high technology content, well-organized, the characteristics of the complex investigation organ with ordinary technique means it is difficult to effectively solve the case investigation, so secret investigation in solve such cases play an irreplaceable role. But any way has its duality, secret investigation is not exceptional also, its ability to effectively strengthen the investigation organ investigation at the same time, violate the privacy rights of the citizens, at the same time a lot of moment are susceptible to the enroach on of secret investigation, it also requires us to in the use of secret investigation as well as to its limit.Criminal procedure law in 2012 ushered in the spring, many of the new system is blended in among them, secret investigation lucky to be included in the scope of the laws and regulations, this is a great progress on the legislation of secret investigation, but the new points on the regulation of secret investigation still at the primary level, no procedure of secret investigation in detail on the key issues, such as regulation, this makes the lack of secret investigation to effectively restrict, it is easy to cause abuse indictment. As a result, improve the system of secret investigation is particularly necessary. I think the new points of the new rule as the background, combining with the results of the current system of legal science of secret investigation, analysis of the plight of secret investigation in our country’s legislation and the insufficiency, the idea of government by law construction put forward to perfect the secret investigation. This article will research problem is divided into four parts:The first part is mainly about a brief introduction of secret investigation system, mainly includes the history of the secret investigation system, the basic concepts, characteristics, nature, function, and analyzes the problems existing in the basic status of secret investigation in our country only to do a simple introduction.The second part is mainly on the analysis of the secret investigation system startup phase, mainly includes the system of secret investigation in our country started the main body and the system of secret investigation in our country, the applicable scope and conditions are defined, and pointed out that the current system of secret investigation in our country problems in the operation process, and in view of the system of secret investigation in the startup phase problems put forward reasonable countermeasures.The third part is mainly on the analysis of the system of secret investigation in our country in the implementation stage. Including secret investigation system in the implementation stage of loopholes, such as the infringement of citizens’ right of privacy, evidence defects and contradictions sharp problems such as lack of effective relief way, strong feasibility suggestions to solve these problems to resolve system of secret investigation in the stage of implementation.The fourth part mainly discusses the supervision mechanism of secret investigation system, puts forward the system of secret investigation in our country in this part of the lack of effective internal supervision and external supervision, and targeted put forward concrete measures to make up for the loopholes in supervision and secret investigation system in China.