The Research Of Undercover Interview Criminal Defense Rule In Criminal Charges

In June 2015,the news about a journalist who came from Nanfang Metropolis Daily wasinvestigating a training organization as a surrogate exam-taker caused a national discussion about the undercover interview is legal or not.In Journalism,as a form of the recessive interview,the undercover interview need journalists hidden their identity and participate in the Interview event directly.The undercover interview is usually for illegal and criminal behavior of criminals,such as food safety in the civil field,or the drug crimes in the field criminal,etc.Because of wrongdoing,journalists may face some criminal charges,like joining drug group and being suspected drug-related crimes.The reason of this phenomenon is multiple: the oneisthe lack of news legislation,the two is attributable to journalists' inappropriate behavior;the three is the lack of illegal criminal law deterrent.But either from the perspective of historical development and social status,the undercover interviews have the foundation of its existence.It helps the news media to preserve consensus supervision right,expose the illegal and criminal behavior,force the transmission justice and institutional reform,preserve the civil interests and promote social progress.In the process,maintenance of public interest is the duty of the news media and journalists,the purpose of the news media public opinion supervision constitutional and the base of researching the undercover interview in this article.To research the undercover interview criminal defense from the perspective of procedural law must be based on the theory of criminal substantive law.The theory of essential illegality,the austerity of spirit,the principle of interest balance and motivation theory in criminal substantive law areprovide the undercover interviews a theoretical basis.According to the theoretical research and case studies,I sum up the defenses that are applicable to the innocent and light offence,and some cases that cannot be used as an excuse for the undercover interview.From the perspective of procedural law,the undercover interview defense belongs to the positive defense,in addition to the facts of the crime that the prosecution claims,the defense can put forward a new argument on the excuse of undercover interview,so as to realize the defendant's defense of innocence or light offence.At the same time,the initiation of positive defense will bring the transfer of the burden of proof and the different contents,standards and results of the prosecution and the defense.Finally,through the study of undercover interview,I put forward six elements of undercover interview as an essential condition for the formation of legitimate undercover interviews,and provides a reference for the orderly operation of undercover interviews.