Secret Investigation & Protection Of Human Rights

Secret investigations of old there, but as the modern sense, the secret investigation after the bourgeois revolution is generated. From the political and military struggle to expand the field of criminal justice is a matter of nearly two centuries, but its legal norms are less than one hundred years. Recent legislation three decades of intensive investigation is the secret of the Western rule of law in advanced countries, this legislation has been generally fine and showed the trend. The legislative investigation of the secret specification is accompanied by concern for human rights and the protection of the applicants, is reflected in the private rights of citizens of a state public power confrontation. Secret investigation effectively combat crime in the same time, including within the privacy of citizens pose a threat to human rights. How to balance the conflict between the two? This also become an important legislative and judicial reform issues. From the start the concept of a secret investigation to clarify the context of its development, a detailed analysis of the secret investigation and protection of human rights conflicts, through the test, a secret investigation of extra-territorial status and human rights protection in contrast domestic secret investigation and the status of human rights protection, China made a secret investigation of conflict and human rights protection solution that is the way of rule of law. Full-text is divided into five parts.Overview of the first part of the secret investigation. This section is divided into five parts, respectively on the concept of clandestine reconnaissance, classification, measures introduced, features, calendar Shiyan Ge described in detail.The second part of the secret investigation and protection of human rights conflicts. First introduced the concept of human rights and development. Then analyzes the secret investigation and the human rights conflict. Mainly in privacy, civil autonomy, fair trial and freedom of speech, freedom of communication, the right domestic constitutional rights.The third part is to investigate the extra-territorial status of the secret investigation and protection of human rights. One of the relevant international conventions against the provisions of the secret investigation; 2 is to introduce the United States, Britain, Germany and Japan the main rule of law-related legislation and jurisprudence of the secret investigation; third countries outside of the secret investigation and protection of human rights to maintain the relative balance. Through analysis, despite the country on a secret investigation and protection of human rights legislation the emphasis, but the rule of law is the common feature that they have legislative authority and follow the statutory procedure, the principle of judicial relief, and the necessary supervision.The fourth part mainly on the status of my underwear. First introduced legislative and judicial status; Second, in the judicial practice of the main problems.The fifth part of the country's secret investigation and protection of human rights put forward the idea that the way through the rule of law to resolve the conflict between the two. This part of the question of what rule of law? Why Legalization? How the three issues of rule of law and legislation on the principle of secret investigation in China, the modality of design; select representative monitoring, Entrapment for example; Finally, the legalization of secret evidence in the latest investigation have been described and predicted.