The Legal Regulation Of The Undercover Investigation

Undercover investigation as a Special investigation method,The detection of a case has an extraordinary effect.In practice,the investigation organs in our country make a large use of this investigative technique.Nowadays,our country has brought undercover investigation into the scope of legislative norms,which is a great progress in legislation.However,although the undercover investigation has been legalized,the relevant provisions are still too rough.In order to standardize the use of undercover investigation,prevent the investigation organs from abusing the undercover investigation,and protect the legitimate rights and interests of citizens,the application of undercover investigation must be strictly restricted.Therefore,this paper focuses on the core proposition of the control mechanism of undercover investigation,using the comparative and inductive research methods,based on the basic theories of criminal procedure law,investigation and other basic theories,to launch a specific study.The purpose of the study is to reveal the characteristics of undercover investigation,to sort out the theory and experience of undercover investigation in countries ruled by law outside the territory,and to provide reference coordinates and theoretical basis for standardizing the application of undercover investigation.In this paper,the main research problems are divided into four parts:The first part is the basic theory of undercover investigation.This paper clarifies the concept of undercover investigation and its adjacent concepts,analyzes the function of undercover investigation,balances the conflicts of value of undercover investigation,and points out the problems in legislation and practice of undercover investigation.In order to refine and improve the relevant legal provisions of undercover investigation laid a theoretical and practical basis.The second part is the applicable conditions of undercover investigation.This paper mainly discusses the subject,scope and period of application of undercover investigation,points out the deficiencies in legislation and the problems existing in practice,investigates the relevant provisions outside the territory,and combines the reality of our country.Put forward the stronger feasibility suggestion,clear the applicable condition of the undercover investigation.The third part is the evidence collection behavior of undercover investigation.In the process of undercover investigation,it is possible for investigators to carry out seductive investigation,infringing on other people’s legal interests,failing to perform their legal duties,etc.,and probes into the definition standard of their illegal evidence-taking behavior and the relevant legal liability of undercover investigators.The fourth part is the evidence obtained by undercover investigation.The use of evidence materials obtained by undercover investigation is regulated accordingly,and suggestions for the identification of evidence ability and the examination mode of evidence are put forward.