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Legalization of the Secret Investigation

Author: JuPing
Tutor: LeiJianChang
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: Secret investigation Legalization Necessity Balance
CLC: D925.2
Type: Master's thesis
Year: 2012
Downloads: 264
Quote: 0
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Abstract


As an effective litigation action to combat crime, secret investigation has been widely used in some of the cases which has great harm or high degree of complexity, especially for the terrorist organizations crimes, drug-related crimes. However, the citizens’ privacy, autonomy rights were harmed at the same time of enhancing the detection capability of the investigative organs. The code put "respect and protect the human rights" into the mission of the Criminal Procedure, this further requires the secret investigation which has a two-sided nature implemented under the legal track, to make sure the balance of rights and powers, and take the full use of Chinese native resources to create a secret investigation system with Chinese characteristics. In order to guarantee to effectively combat crime, and provide the maximum protection on citizens’fundamental rights, it is necessary to appropriate modesty the rights on secret investigation. In this article, the author tried to use the related provision in this code as a background, based on China’s investigation practices and local judicial resources, give a comprehensive exposition of secret investigation in order to prove the necessity of including the secret investigation in the Criminal Procedure Law, and give an objective understanding of the secret investigation at the same time. The thesis is divided into the following sections:The first part is the introduction part, described mainly on the background of this paper, the research status home and abroad, the argument which will be elaborated, research methodologies and writing ideas of the author.The second part is an overview of the system of secret investigation, which is the most fundamental part of this article. After the analysis of several representative concepts of the secret investigation, the author re-defined the secret investigation, than described the characteristics of the secret investigation, and also analyzes several similar concepts related to the secret investigation.The third part discussed the necessity of the legalization of secret investigation activities. The author gives the reasons why it is necessary to make the secret investigation activities under legal monitoring from six different aspects, not only in theory but also in real practice. The author also affirmed the positive effect to prevent its negative effects after monitoring the secret investigation things under legal provisions.Part four mainly talking about the legalization of the secret investigation base on China’s national conditions, the rules should be followed, the principle of legislation which should be obeyed. Meanwhile, the relevant provisions of the code will be viewed, and the author would put forward some suggestions for improvement. Suggestions that the secret investigation system should establish and develop in line with the basis status of China’s judicial resources, legislative situation, economic situation and culture etc. would also been discussed in this part.The conclusion part stresses that at the beginning stage of monitoring secret investigation activities, we should treat this system objectively, considered more on the human rights instead of the country’s benefit which we used to think of Tried to balance the varieties of interests related, and establish a kind of secret investigation system base on China’s own situation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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