Process Control Of Rule Of Law Of Secret Investgation

As the development of science and technology and the advancement of economy, the types, measures and forms of crimes are changing frequently, Which showing intellective,organizational, professional, and having no distinct victims,no clear committing scenes, and having strong abilities to defend investigation.Other measures and forms of investigation are being developed and applied along with the change of the crimes.Being a kind of active measure, secret investigation has unique effecting investigation important, complicated, diffcult cases, therefore, it is applied by most countries all of the world. However, secret investigation is close, opaque and difficult to be monitored and controlled, and in addition, there have no regulations about applying secret investigation in our law, so, the spy department tend to abuse secret investigation for the efficiency of the secret investgation, violating the basal human rights severely. Based on the protection of human rights and the building of nation of law, it is necessary to control the process of rule of lawof secret investigation.Here we entered the study on basic issues of investigation, from seeing about the concept, studying the nature, the characters and categorizations,and the histories of different countries. Furthermore, mainly analyzed the theoretical base of its process control, that is theory of constitutionalism and process sanction. Finally, based on the study and comparison of other countries's models, characters of secret investigation process control, along with the fact of our country's legislation, practice, the author put forward some tentative ideas on the secret investigation process control.The article is divided into 4 chapters.First Chapter.At first,briefly research the secret investigation action existing in all dynasties and inspect the history of China secret investigation. Then it gives the limit boundary definition of secret investigation and introduces the characteristics of secret investigation, such as conceal,force, tort. At last,it re-divides secret investigation into.3 styles.Second Section. Summarize the current condition analysis of secret of secret investigation legislation, and then find out the legal shortness of our secret investigationThird Section. Respectively, research on the comparison to secret investigation under the rule by law in England and America and inland, and then summarize the different and same principle of secret investigation in west countries.under the process of the rule by law.Fouth Section. Secret investigation under rule by law is an international trend towards the development of the world and an outcome of the times. Rule of law secret investigation has necessity and feasibility.Based on our national condition and combined to the tide of international development, the article concretely discusses construction of rule by law of secret investigation system form 4 aspects such as secret investigation principal, secret investigation legislation, secret investigation scope and condition of application, enforcement procedure and. so on.