On The Effectiveness Of Obtaining Evidence In Secret Investigations

Secret investigation is a very particular kind of investigations.As present,the criminal technique is increasing concealment,the value of secret investigation become more and more important.It is widely used by countries all over the world.But in China,since the legal construction started late,ideology has not been active in the liberation,so the research in secret investigation is not enough.That created a lot of controversy:one side,today,the discovery and proved of crime become more and more difficult,the secret investigation is more and more respected by the investigation organ,but in the course of implementation,it is inevitable to involve a lot of personal legal rights such as the right of privacy.On the other hand,with the improvement of the nation legal system,the awareness of human rights has been strengthened,the protection of the legitimate rights and interests of the individual and the exercise of the state's public power is more than ecer before.The reason is the legislation of secret investigation in our country is not perfect,poor operability in judicial practice,so in the use of evidence in the secret investigation,formed a large gray area.There are many doubts about the validity of the evidence.In the judicial practice,it is very general that the secret investigation evidence is directly used as evidence,or simply through the transformation of the form of evidence to achieve.This kind of transformation is obviously just avoiding the problem.So,we must solve the problem of the validity of the secret investigation evidence.Thus,in order to better solve this contradiction,play the value of the secret investigation evidence,we must carry on the thorough discussion to the secret investigation and its value.This paper is based on the full consideration of the relevant legislation experience and practice of foreign secret investigation,combined with the actual situation of our country's secret investigation,try to enhance the effectiveness of evidence in secret investigation from the legislative,by trying to construct a series of standards,to make our country's secret investigation on the rule of law,the secret investigation evidence will no longer cause trouble to the investigation organ,the legitimate rights and interests of the people can be effectively protected.