Research On The Efficiency Of Secret Investigation

With the sharp growth in the quantities of organized crimes and recessivecrimes,the traditional investigative measures and methods can no longer meet thepractice need.As a special and effective means,secret investigation emerge as thepractice require, and be widely used. Especially in detecting persistent, series andorganized crimes，because of hidden and initiative nature, secret investigation hasadvantages in the prevention of crime.At the same time，the secret investigation alsohas disadvantage of torting character.If be applied unproperly, it will infringe thelawful rights and interests. In order to achieve aims, while avoiding violation of thelegitimate rights and interests of citizens, many countries adopt secret investigationunder strict restrictions.At present,secret investigation is lack of legalregulation.Meantime，as a special method of investigation，secret investigation hasbeen applied widely in practice.The asymmetry between them has aroused widediscussions on the legal regulation of the secret investigation in academic circles.Butwhen it comes to the efficiency of secret investigation, academic circles have rarelyconcerned with.Besides the preface, the thesis is divided into four parts, each part of which asfollows:The first part. Analyze the concept of secret investigation. Clarify the definitionof secret investigation, define it as a concealment，mandatory and efficient method ininvestigating some severe crimes, while the traditional investigations are ineffective,for investigate specific object, under strict procedures of approval.And there are threemain forms of the secret investigation in practice:external investigation, internalinvestigation and technical investigation. Further analysis of the secret investigationwith its characteristics:concealment, easy infringement, be standby and active.The second part.Analyze the costs and benefits of secret investigation from theperspective of efficiency.According to the analysis of contents and relations betweenthe necessary costs and the erroneous costs, transform the foothold of the efficiency ofsecret investigation into the way to guarantee the necessary costs of secretinvestigation.And by the research on the laws and regulations of secretinvestigation,which are the fundamental question of the necessary costs, give advices and provide theoretical support to legislation of Secret Investigation.The third part. Analyze the current efficiency status of secret investigation. Byanalysis of relationship between the necessary cost，the misclassification cost andbenefit, propose the reason for the insufficient investment of necessary cost due to thelack of regulations, the deficiency of administrative control and judicial supervisionleads to error cost increasing，and the low benefit for lack of evaluation feedbackmechanism.Explain the reasons and manifestations of these problems.The forth part. Discuss the way to improve the efficiency of the secretinvestigation by law. On the precondition of comprehensive and systematic evaluationon the effectiveness of secret investigation, taking administrative control and judicialsupervision in the process of secret investigation，to ensure efficiency and reducingerror costs.And by reviewing evaluation feedback on the effectiveness, establish of amechanisms of effective evaluation and feedback to promote the improvement of theefficiency of the secret investigation.