Research On The Standardization Of Undercover Investigation

Under the background of increasingly complex criminal situations and increasingly rampant organized crimes,the undercover investigation as a special secret investigation means has great advantages for improving the efficiency of solving crimes and overcoming the dilemma of evidence collection.The undercover investigation is effectively used in the field of investigation practice and its legal status is confirmed in the Criminal Procedure Law.Compared with its efficient detection function,the undercover investigation may generate higher risks.Therefore,it is very urgent to conduct research on the standardization of the undercover investigation.This article focuses on the standardization of the undercover investigation,which is divided into five parts:The first part is the basic category.Firstly,it defines the concept of the undercover investigation,systematically sorts out the views of different scholars,and involves the analysis of the undercover investigation and other related concepts.Combined with the nature of the undercover investigation,this paper analyzes the characteristics of undercover investigation,and puts forward the principle of undercover investigation which meets the original intention of the legislation to provide a preliminary understanding of the undercover investigation.The second part is the function and risk of the undercover investigation.Combined with the advantage of the undercover investigation,it analyzes its efficient intelligence gathering function,dynamic crime control function,necessary investigation and forensics function,etc.According to the nature of the undercover investigation,this paper states that undercover investigation has the risk of infringing on the rights of citizens,undermining mutual trust,inducing others to commit crimes,besides,this paper analyzes the sources of these risks.The third part is the command and implementation of the undercover investigation.Based on the investigation practice,the paper analyzes and studies the timing,approval,preparation and specific implementation of the undercover investigation from the perspective of organizational implementation,and further discusses the standardization of each part of the undercover investigation.The fourth part is the protection of rights in the undercover investigation.Starting from the subject of investigation and the main body of the implementation,combined with the inherent attributes and legal regulation of the undercover investigation,the corresponding regulation measures and suggestions are put forward.The fifth part is the evidence collection work of the undercover investigation.Combining the investigation practice activities,it analyzes the difficulties of obtaining evidence,and puts forward evidence-taking ideas such as the intelligence-guided investigation,and measures such as attaching importance to objective evidence,cooperating with technical investigation.Besides,this paper regulates the collection and fixation of evidence from the perspective of collecting evidence from relevant personnel,communication information and target places.Finally,this paper explores the review of relevant evidence in order to construct a complete and legal chain of evidence for it.