Legislation Perfection Of Secret Investigation In China

Along with the social development and the technological advances, the more crime concealment, criminals counter-countermeasures increasing. Under such a macroscopic background, secret investigation is bound to play an important role in criminal detection process, with the Criminal Procedure Law enacted stipulated in the technical investigation measures, secret investigation is more intuitive to appear in the public eye. So-called secret investigation, refers to the legal investigation organ in the criminal investigation activities endangering state crime, terror, and the underworld property organization crime, serious drug crime, and heavy duty crime, the conventional detection measures is difficult to solve the case, subjectively by secret means hope, through the strict examination and approval, and during the period of limitation and closely monitored with the specific case has significant interests in the secret use tracking, monitoring, surveillance, latent confidentiality measures, such as a detection method to reveal and prove, crime, the discriminant of basic standard is to measure whether to have a "secret sex". Secret investigation including five basic characteristics:secrecy, aggression, procedural, efficiency (direct), compulsory (initiative). Technical investigation, temptation investigation, undercover investigation, control, detection means such as the delivery is for which the concept. At present, the investigation organ in our country in the process of apply secretinvestigative measures due to legislative lag, shallow, department regulations "trespass", the concept of legislation, the deviation, external supervision and absence, and many other reasons, there is a secret investigative measures the phenomenon such as generalization, mystification, audio, and breeding ground for corruption. At the same time, the secret forensics according to evidence of qualification has been questioned, maximum limit the use of secret investigative measures efficiency. In addition, the legislation of secret investigation also neglect the protection of secret investigation personnel and their objects. While the Criminal Procedure Law in2012improve the measures of technical investigation procedures provisions shall be applicable, but there is still much more room for progress. Future legislation from the applicable principles of secret investigation, the scope of the secret investigation and applicable objects, the specific means of secret investigation, secret investigation start-up condition, for examination and approval of specific means of secret investigation, illegal behavior of legal consequences for secret investigation in six aspects, such as perfect. Secret investigation because of their secret sexual characteristics, to solve such as crime, harm the state terrorism crime, corruption and bribery crime concealment or use high-tech means such as criminal activities can play an important role, but it must pass legislation applicable specification strike a balance between protecting human rights and the fight against crime.