卧底侦查的法律问题探究

On Concealed Investigation

卧底侦查作为一种欺骗性侦查手段,其合理性是可以得到确证的。在卧底期间,卧底人员涉入的轻微违法犯罪应排除可罚性;面对卧底侦查对象所实施的轻微犯罪,卧底人员的不作为一般不构成犯罪。为防止卧底侦查措施的滥用,必须对卧底侦查进行有效的法律规制。

As a dishonest trick of investigation , concealed investigation has the foundation in its justifiability . During concealed investigation , the slight illegal act in which the concealed investigator positively involved should be removed away from the nature of punishment （ expect murder and other serious criminality ） ; And when the concealed investigator faces slight illegal act from the object of concealed investigation whether his negative act can be crime should be decided according to different situations . In order to avoid too frequent and incorrect usage of concealed investigation ,we must has some criterion about it in law.