我国秘密侦查法治化新探

A New Research of the Rule by Law about Secret Investigation in China

尽管秘密侦查在打击黑社会、毒品等智能化、组织化犯罪方面发挥着重要作用,但是由于具有隐蔽性、易侵权性、当事人救济的困难性等特征,决定了其极易侵犯公民的合法权利。为了使我国的秘密侦查在打击犯罪和保障人权之间保持一种高水准的平衡,就必须实现秘密侦查行为的法治化。因此,我国应在借鉴国外秘密侦查立法和立足本国国情的基础上,通过刑事立法来规范秘密侦查行为,将其早日纳入法治化的轨道。

The secret investigation in the fight against th e intelligent or organized crimes such as underworld and drugs, plays an important role, but the characteristics such as the secret, easily infringement of the parties and difficulty of relief determine its vulnerable violations of the legitimate rights of citizens. In order to make Chinese secret investigation maintain a high standard of balance in the fight against crime and the protection of human rights, we must realize the rule by law about secret investigation. Therefore, we should learn from foreign secret investigation legislation, base on our own national conditions and guide it into the orbit of the rule by law earlier by the adoption of legislation to regulate the secret investigation.