浅议秘密侦查之立法

On the Legislation of Secret Investigation

秘密侦查手段是对付走私、贩毒、贩运假币,有组织犯罪等无被害人的隐蔽性、复杂性案件的一项卓有成效的侦查措施。然而,秘密侦查措施由于其方式的隐蔽性,手段的技术性,视角的穿透性等特点导致了侦查机关在实施秘密侦查时不规范,秘密侦查手段的效率难以发挥。我国应该借鉴外国的经验,对秘密侦查在立法上进行授权,对秘密侦查适用范围、条件、程序等进行规定,尽快制定有关法律,把秘密侦查纳入法制化的轨道。

Secret investigation is an effective measure of investigation in dealing with such concealing and complicated cases without victims as smuggling, drug trafficking, shipping fake money and organizational crimes, etc. However, the concealment of its ways, the technique of its means and the penetrability of its visual angle have resulted in non - standardization in implementing secret investigation and the efficiency of its investigation measures cannot be brought into full play. We should learn from the experience of foreign countries and make power authorization in legislation for secret investigation to stipulate its application scope, conditions and procedures. Formulate relative laws as soon as possible and take the secret investigation under legalization.