论我国秘密侦查措施立法的完善

On Our Country Privacy Detection Measure Legislation Consummation

秘密侦查措施在司法实践中具有重要的应用价值,尤其是在刑事犯罪活动日趋智能化、复杂化的今天。西方国家刑事立法中均对秘密侦查措施的应用程序作了明确的规定,以确保秘密侦查措施在惩治犯罪和保障人权之间达到必要的平衡。我国目前的刑事诉讼立法中没有涉及到秘密侦查措施的应用程序问题,这也给秘密侦查措施在司法实践中的运用带来了混乱。因此,将秘密侦查措施纳入刑事诉讼法的统一调整范畴,明确其运用程序是我国刑事诉讼法发展的必然要求。

The privacy detection measure has the important application value in the judicial practice,in particular in criminal offers, activity day-by-day intellectualization,complication today. In the western nations,criminal activity legislation has made the explicit stipulation to the privacy detection measure application program,guarantees the privacy detection measure achieves the essential balance between the punishment crime and the safeguard human rights. In our country at present criminal prosecution legislation has not involved to the privacy detection measure application point of order, this also gave the privacy detection measure to bring in the judicial practice utilization has been chaotic. Therefore, brings into line with the privacy detection measure Law of Criminal Procedure the unification adjustment category, is clear about its utilization program is the our country Law of Criminal Procedure development inevitably requirement.