Secret Investigation Legalization Research

With modern social economic and technological development, criminal field showed some new characteristics, all sorts of crime form emerge in endlessly, crime means more and more subtle and increasingly high tech. These changes make the investigative techniques other than conventional detection methods have emerged. Secret investigation because it is prior, initiative, in the detection of intelligent, organized and so difficult cases plays a huge role in the process, which in practice by national judicial authorities are widely used. But it is also because it itself latent and opacity wait for a characteristic, makes the process of application in practice to towards "earmarking" of the error, easy to violations of the legitimate rights and interests. Lack of relevant laws in China specific provisions on the use of secret investigation result, the role of secret investigation without deserve the play, evidence material as the basis, not finalized the rights of the parties don't get legitimate reasonable protection, do not accord with China's socialist essence, go against the society ruled by law, the construction of a harmonious society. Therefore, this article will secret investigation as the research object, the secret to redefine the definition of investigation, analysis the characteristics of generalized the secret, to find out the secret investigation there of practical significance, investigation this secret investigation will be the necessity of legalization. Analyses and compares the relevant foreign country under the rule of the legislation related system secret investigation and find when constructing the system is worth using for reference of place. Finally from crimes and protecting human rights, efficiency and fairness, freedom and order, entity justice and procedure justice value in the aspects of the investigation system building secret, value orientation in proportion principle, program legal principle, the review supervision principles, the principle of right remedy under the guidance of combined with actual situation in China to build our secret investigation system.