| As the legislation of secret investigation being a worldwide trend, China's secret investigation will also follow the same track ultimately. However, the present practice of secret investigation in our country is basically in a vacuum state, which is inconsistent with the basic requirements of legalization and legal modernization, and has led to many problems. Based on the thoughts of balancing social protection and strengthening the protection of human rights, the author initiated the thinking and design of the system on legalization of secret investigation. Compared with other scholars'publications, the most obvious feature of this paper is based on the different angle and focus:Most scholars focus on the analysis of the behavior characteristics of a secret investigation and pay less attention to system building of it, while this article is based on the procedural law rather than the detection or investigation, and conduct a study on secret investigation. The whole article is divided into the following four parts:The first part mainly clarifies the concept of secret investigation, and classifies the extension of the secret investigation. This section highlights the four elements of secret investigation: object, subject, objective and subjective elements. Differing from the ordinary investigation, the most prominent feature of a secret investigation is its secrecy. In addition, there are many forms in secret investigation practice, so this section also secretly carries out a scientific division of secret investigation, and lay the foundation for the system design of it.The second part aims at the legislative status of China's secret investigation, describes and comments the operational status of investigative techniques in detecting work. At present, China's secret investigation is in a legislative vacuum, and the current practice of the secret investigation rest on internal regulations and detecting working experiences. Related cases and datum show that a secret investigation is often abused and misused in real life. We can solve the above problems only by legislating secret investigation.The third part is to research issues associated with legislation of secret investigation, mainly including legislative models, legislative ideology, basic principles and rules of evidence, which are frame issues for legislation of secret investigation. Drawing on concepts related to the Civil Procedure Law, the author also puts forward legislative doctrine of Populism in this part.As the focus of the article, the fourth part is mainly based on the classifications in the first part, the lessons learned from the second part and the legislative framework in the third part, designs the specific system for secret investigation. In this part, the author proposes the legislative system hierarchically, and establishes the specific procedural regulations in this system. |
