On The Relationship Between The Principle Of Secret Investigation And Media Reports

The principle of secret investigation is also called the principle of non disclosure in Taiwan,China,generally refers to in the course of investigation,the subject and participants aware of the confidential information in the proceeding of investigation,except as otherwise provided by law or approved by the judge and the creditor,shall not be allowed to divulge the investigation procedure and information.The traditional view adhere to the principle of secret investigation has played a positive role to carry out its proper meaning in the presumption of innocence,improve the efficiency of investigation and ensure investigation organs to solve the case on time,against the suspect using anti-detection means to evade detection,protect the personal safety of involved persons and so on.With the the progress of criminal procedural judicial conception,adhere to the principle of absolutely secret investigation in contemporary judicial practice seems to be gradually put into predicament.Since the investigation organ insists on the principle of absolutely sceret investigation,resulting in the doubt in the process of investigate was magnified as the conflict between the investigation organs and pubilc opinion.In recent years,such as“Li Tianyi case”? "Lei Yang case" which is concerned by public.By various issues associated with the principle of secret investigation from the stage of filing to the stage of investigation and the contradiction between police and public opinion,we can extend the legal conflict between the right of media supervision and the principle of secret investigation in the criminal investigation stage.From the perspective of judicial practice to look at the relationship between the principle of secret investigation and media reports,analyze the cause of problems in the process of practice.Learn from foreign experience in the application of the principle of secret investigation,combine with national conditions in China,exploring the moderate openness of investigation activities.This paper is divided into four parts,regard “Li Tianyi case”and“Lei Yang case”as code,Learn from foreign experience and combined with China's national conditions,exploring the moderate openness of investigation activities.The first part summarize the concept of secret investigation,analysis the limitation of the principle of secret investigation and lists the different academic perspectives for the principle of secret investigation and investigation of openness.The second part expounds the confliction between the principle of secret investigation and the media coverage,enumerate the contradiction between the principle of secret investigation and the right of media supervision.Based on the analysis of “Li Tianyi case” and “Lei Yang case”,compare the differences between the two cases in the application of the principle of secret investigation and the difference between the public opinion and case evaluation.The third part introduces the experience of foreign countries to deal with the principle of secret investigation and media reports,evaluate the legislation of the relevant countries.The fourth part introduces how the the system of investigation activity should be perfect in China,make recommendations from five aspects.