The Procedural Regulation Of Secret Investigation

With the development of the society and the progress of science and technology, as well as the more and more clever means taken by criminal, crime form also gradually presents the characteristics such as intelligent, covert, and complicated. In face of these complex and concealed crime,traditional detection methods seem to be inefficient.Secret investigation, with its efficiency and confidentiality, makes up for the deficiency of the traditional investigation, and plays an important role in the fight against high intelligent, organized crime and crime by taking advantage of duty, which is also often used in criminal investigation by investigation organs. However, secret investigation also has two sides. Used in a right way, it will play an incomparable advantage in fighting against crime. Otherwise, it will violate human rights, disturb the order of justice, or even becomes a threat to justice.In modern society, with law idea and human rights beoming increasingly popular, the legislation on secret investigation should be aimed for specific details of the law to guide the judicial practice of concrete. While in our country,the late starting research of secret investigation and the inmature related theory lead to a serious lackness of the secret investigation rules.So, how to apply judicial regulation of secret investigation effectively is especially important, which is now our top priority. However, modification of Criminal Procedure Law doesn’t seem to be completely solve this problem. Law article is slightly stipulated, definition of basic concepts and methods are vague, and the specific applicable procedures, rules and regulations is not detailed provisions. These all led to the ineffectively using of secret investigation in the judicial practice. Under this purpose, we will start from two cases to illustrate the problems existing in the practice of secret investigation and performance. Through problems reveal in the cases, we will see the status quo of the secret investigation theory in our country. Then we will be committed to explore the basic principles of secret investigation.First of all, summarize the definition of secret investigation through a comprehensive comparison and analysis. Next, respectively discusse the important position and role of secret investigation in legislation and judicial practice, and then expounds the necessity and significance of its existence. Finally, on the base of drawing lessons from foreign advanced legislation, give suggestion to regulation of secret investigation procedure in our country, which should not only clarify its four principles, that is corresponding principle, relevance principle, judicial review principle and the principle of the right remedy, but also put forward concrete implementation plan for investigation, examination and approval, execution. It is wiling to be seen that through the joint effort of the legislative and judicial of whole society, secret investigation can foster strengths and circumvent weaknesses, play its due effect, and contribute valuable power to built a society with rule of law at an early date.