The Undercover Investigations Of The New Criminal Procedure Law

The new criminal procedure law promotes the progress that control the undercover investigations by law. It changes the situation that there was no code to control the undercover investigations. So its significance is self-evident. But the contents of the law are very abstract. Just like the special conditions, the supervisory mechanism, the objects and the other factors ware no included by the law. That is why we can’t control the risks of infringement.Based on this situation, we can find some good references by these valued experience of foreign countries. About the applicable cases for the undercover investigations, we can decided them by enumeration type, summarize type and a combination of both the types. In order to determine which model should be applied, it should represent the various modes from following suit Value to proceed. In our country, neither the Constitution nor the Criminal Procedure Code have determined the value of the target "protect human rights", so the choice of applicable should seek to limit right of the identity of the investigation.The new Criminal Procedure Code Identified the applicable cases of the technical investigations, and for the coordination between the effectiveness of supervision and the efficient of implementation, we should choose a combination of both restricted mode.At the same time, we have no idea about which one can make the decision that implement the undercover investigations between the public security organ,the procuratorial organ and the court. But our country does not have the environment for the application of the principle of judicial review. And the Public security organ is being questioned by its self-control. At the same time, in China the procuratorial organ is a Supervision organ, can be subject make decision with its neutral position.Another example is the establishment of rights protection mechanism about the undercover investigations, We have not clearly defined enjoy the right that get know the investigations, so firstly the parties should enjoy the right to privacy, information, apply for compensation and other relief rights.We must improve our legislation under the risks of infringement and inviting crime.Therefore, the way to regulate is refined the each factors in the process of its implementation. Then we can regulate the undercover investigation at the times of its implementation.