The Research On Informant System In The Criminal Procedure

As an important means of secret investigation system,informant investigation plays a very important role in finding out the facts of a case.But because our country has not been set up the related informant system in criminal procedure,makes the criminal litigation sources used in the investigation also has many problems,such as lack of the concept of the informants,inadequate protection of the informants rights,the functions,risks and examination of the evidence obtained by the informant,the crime problem in the process of informant investigation and the problem such as how to restrict and supervise the use of informants.Although article 153 of the newly revised criminal procedure law mentions "concealing identity to carry out investigation",such a general provision cannot solve the thorny problems existing in judicial practice,and relevant supporting legal norms are also very lacking.In order to solve the problems,it is necessary to legalize the informant system according to China's judicial practice and combined with the investigation of foreign informant system,so make it fully function of the informant system,to crack down on criminal crimes and protect human rights.This thesis discussed from the following three parts: The first part is an overview of the informant system in criminal proceedings.First of all,this part discusses the definition of informant in criminal proceedings,and analyzes the value,function and risk of using informant in investigation by clarifying the distinction between informant and criminal special situation,undercover agent and informant.The second part is through the investigation of China's criminal proceedings using informant investigation of the status quo,found many problems.If there is no law stipulating the use conditions and scope of informants,there is no corresponding standard for the establishment of informants,insufficient protection of informants' identity information and promised interests,and chaotic handling of informants' crimes.The third part is the construction and improvement of the informant system in China's criminal proceedings,which is about the countermeasures against the problems proposed in the second part.China should establish a set of informant system in line with China's national conditions to ensure the smooth progress of criminal justice,especially to make clear provisions on the concept of informant in criminal proceedings,the scope of application and supervision of informant and the protection of informant's rights.