The Informant Investigation System And The Rule Of Law Of Our Country

Seer, undesirable in ghosts, do not like things, do not check in, will take to man, you know the enemy’s situation also.--《the art of war·in between》This paper is to 2500 years ago classic use of sun tzu’s theory as the beginning. Grandson is a military strategist in ancient China, he realized that information is of important value in the war, but also realize the importance of people who can provide information to him. The introduction of "know the enemy of love" is the earliest sources of prototype. Although use sources to gather intelligence is a kind of unconventional means of investigation, but it has been widely used in history.In the field of modern criminal investigation, informants as to collect and provide information about crime powerful strength, secret investigation in solve some specific cases (such as drugs, smuggling, organized crime, etc.) has played an irreplaceable role. As a typical means of secret investigation, using the informant investigation tends to get common method to meet the investigation result, the police are almost uniformly around the world to a certain extent, use informants.But for a long time, the use of informants have also been there are a lot of controversy. And substance of the modern rule of law lies in the fact that one can depend on, there is a law to effectively for the implementation of the law. In our country, informant groups under the current legal system has played an awkward role, due to the lack of legislative provisions, and the investigation organ failure in the judicial practice standard and management, lead to informants become law "marginal people". Sources outside the law status of the negative consequences, not only for civil rights, intervention and aggression, more important is due to the secret of the informants detection and deceptive, could lead to the society as a whole in monitoring, the situation of suspicion and mistrust, people are living in a state of fear and full of distrust between people, free and peaceful society atmosphere is impossible. In law enforcement practice, the challenge for the investigation organ use informants, on the one hand is how to more effectively use informants this valuable source of information to detect cases, on the other hand is to strengthen in the process of using informant should follow certain moderate principle and professional ethics.This thesis is divided into three parts to the thesis, the first part of this paper introduces the concept of informant, history, informant investigation theory sources and classification of informant, motivation, utility, risk, and the general situation of the informant investigation system countries. The second part discusses the crime problems of informants involved in investigation and litigation in our country the legal issues. The third part of the other country judicial practice on the basis of our informants detection system in terms of theory building and design, is trying to do efforts for informant system under the rule of law.