Research On Legislation Improvement Of Undercoer Operation

Undercoer operation is a special investigative means often used in criminal investigation practice,which plays a very important role in the detection of multiple,complex,gang,group organized crime and other cases.For a long time,the investigation of concealed identity is only regulated by the internal regulations of the investigation organ,lacking effective external supervision and restriction mechanism.The investigation organ has absolute self-determination power and is completely free from the law,which easily leads to the wanton abuse of the investigation power and serious infringement on the legitimate rights and interests of citizens.The Criminal Procedure Law,revised in 2012,for the first time incorporates the measures of concealing identity into the legal provisions.It clearly gives the legal status of the measures of concealing identity in the criminal procedure,and ends the long-term situation of being unable to rely on.However,the Criminal Procedure Law of 2012 only makes a simple,general and authorized expression and regulation on the investigation of concealed identity.It is not clear about the specific form and normative requirements of the investigation of concealed identity.It is too general and abstract.However,the newly revised Criminal Procedure Law of 2018 does not involve the content of the investigation of concealed identity.Starting with the concept of concealed identity investigation,this paper analyses its connotation and main manifestations,and expounds that concealed identity investigation means that investigators of investigation organs or other relevant persons under the control of investigation organs approach criminal suspects or break into criminal organizations to obtain criminal intelligence information,clues,collect criminal evidence and even capture them by concealing their identities and using false identities.Criminal suspect is a kind of secret investigation means,which has the characteristics of initiative,compulsion,concealment,infringement and high risk.Its main manifestations are special investigation,undercover investigation and temptation investigation.Whether from the objective needs of the actual crime situation or from the perspective of the balance of legal interests,there are sufficient reasons for the existence of concealed identity investigation,but as a vulnerable secret investigation measure,it should be strictly controlled and supervised both internally and externally to prevent the abuse of public power.Based on the fact that there is no effective and reasonable regulation on the investigation of concealed identity in the relevant laws and regulations of our country at present,we should learn from the advanced legislative experience of other countries and combine with the actual situation of our country,perfect the system of investigation of concealed identity,strictly enforce the principle of using the investigation of concealed identity,limit the applicable types of crimes,define the conditions for starting,and construct the judicial examination and approval of separation of investigation and examination.Institutions,archives inspection and reporting system,illegal evidence exclusion mechanism,and the establishment of a mechanism to protect the rights and interests of investigators who conceal their identity.