Research On Rule Of Law In The Process Of Secret Investigation

Secret investigation, as an irreplaceable approach to the detection of the new models of crime, has been widely applied to the investigation of those crimes that are perniciousness to society, high-technical in content and tight in organization. And it has a non-substitute function in uncovering crimes involving drugs, duty and under-society organizations, etc.. However, secret investigation is a double-edged sword, for it inevitably violates the privacy of man. The new Code of Criminal Procedure has brought secret investigation into the scope of legislative norms, which evidently makes a great step forward in legislation. Meanwhile, the lack of restricting the right can easily lead to abuse of the right of investigation. Therefore, it is essential to improve the effective control of the right to secret investigation. This paper, based upon the regulations of the secret investigation in the new Code of Criminal Procedure and the international status of legal norms related to the secret investigation, mainly analyzes the deficiencies of related aspects and proposes some ideas and suggestions to perfect the legal system of secret investigation. In addition to the introduction and conclusion, this thesis is divided into five parts.The first part mainly discusses the definition of the secret investigation. In this part, the author comments on several representative definitions, and redefines what the secret investigation actually is. Besides, the author expounds the property, characteristics, function and the classification of the secret investigation.The second part chiefly illuminates the legitimacy of the system of secret investigation from the perspective of philosophy, ethic, nomocracy and economy and clarifies the values of this system.The third part concentrates on the status of the international community of secret investigation. The author, in this part introduces the legislative status of other countries abroad, and analyzes different modes of the legislation of secret investigation. The fourth part analyzes the current situation and predicament of China’s the legal system of secret investigation. The author discusses the legislative status quo of China’s secret investigation measures and the provisions and shortcomings of the new Code of Criminal Procedure on secret investigation. In addition, the author proposes the necessity of the legislation of secret investigation.The fifth part discusses the improvement of the system of secret investigation and the principle of the legislation of the secret investigation. At last the author gives the suggestions on the improvement of the legislation of the secret investigation.