Undercover Investigation Legal System Research

Undercover Investigation as a special investigative techniques, the use of long-standing practice, the fight against organized crime and social harm to national security and drug-related crime has played a significant role. Due to the variability of such investigative techniques and undercover investigation itself implement environmental risk, the implementation of the requirements of this investigative techniques are very strict. But over the years has been in the undercover investigation, "stripping" state, the investigating authorities based solely on the National Security Law, the People's Police Law and vague provisions in some normative documents or general requirement to implement, resulting in a series of problems in practice. Code of Criminal Procedure of 2012 increased by the relevant provisions of the technical investigation measures, although not explicitly mentioned "undercover investigation" and other words in that provision, but it is undeniable that its provisions described in the "occult identity implementation investigation" includes undercover investigation, Undercover Investigation of legitimacy for the first time the law has been affirmed.Undercover investigation is essential to confirm the legitimacy of the legal system for the construction of an undercover investigation. However, shall not be denied the existing provisions of the Criminal Procedure Code in the undercover investigation on too general, can not form a complete and strict legal system undercover investigation. In practical applications, there are still a lot of problems. On the basis of the author and foreign undercover investigation on the conceptual analysis of the undercover investigation outside the legal system of many countries studied, learn from them valuable experience, and contact our special conditions and investigative practice, perfecting the legal system of China's undercover investigation make some conception. Apart from the introduction and conclusion, including a total of four parts:Part I:Overview about the undercover investigation. First author on the domestic and foreign theorists define the concept undercover investigation analyzed, put forward their point of view. Then the concept of undercover investigation and temptation investigation, Criminal Informant were so easy to confuse discrimination. On this basis, we propose an undercover investigation with a secret, dangerous, "deceptive" and other features, and the principle of an undercover investigation are described, including the principle of necessity, safety principles, the principle of proportionality and the principle of confidentiality.Part ?:Our undercover investigation of the current legal system is analyzed and pointed out the existing problems. The new Code of Criminal Procedure gives legitimacy undercover investigation, but the provisions are too crude and vague. One controversial undercover investigation applicable scope and duration of the cases, mainly referring to the relevant provisions of the Criminal Procedure Law on secret investigation could apply to undercover investigators no unified conclusion. Second, the main provisions of undercover investigation and approval procedures vague, the subject is not clear, the approval process too broad, non-specific standards and requirements. Third, the criminal provisions of the exemption and relief undercover officers missing, there is no such relevant provisions of the Criminal Procedure Code, the urgent need to improve through legislation.Part III:Extraterritorial undercover investigation of the legal system has been studied and summarized aspects worthy of our reference. Including Germany, the US, France and the Netherlands and other countries, the content of the subject involved in undercover investigations, the applicable range of cases, approval procedures, safeguards and criminal liability exemption. In the study on the basis of advanced systems and then discuss what the extraterritorial worth our reference and study.Part ?:On the basis of the first three parts of the analysis, the author puts forward concrete ideas on improving the legal system of an undercover investigation. Including the applicable conditions by limiting the subject and object to explicitly undercover investigation; by the provisions of the approval process, operational command, illegal supervision constraints to achieve the undercover investigation and supervision; to achieve security of the undercover officers and the necessary protection through adequate preparation; by legislation expressly undercover officers for compensation and relief. I hope these measures will effectively improve China's current lack of an undercover investigation of the legal system, so that an undercover investigation to fully play its due role.