论秘密侦查措施立法的完善

Legislative Perfection of Secret Criminal Investigation Measures

近年来,走私、贩毒、贩枪犯罪以及有组织犯罪大量涌现并呈现出新的形式,致使一般的侦查措施在揭露和证实这些犯罪的过程很难收到明显效果,于是秘密侦查作为一种有效的侦查措施逐渐在我国侦查部门得到广泛运用。但我国现行的法律制度对秘密侦查措施缺乏法律规定,使这种侦查手段难以充分发挥作用。因此,完善秘密侦查立法,严格依法办案程序,真正做"有法可依、有法必依",最终实现秘密侦查措施的法治化,无疑是我国秘密侦查立法工作应当认真研究的重要课题。

In recent years, smuggling crime, illegal gun transaction crime, narcotic crime and organized crimes with new forms increase rapidly, this situation has made common investigation measures difficult to get perfect effects. As a resuit, secret criminal investigation is wildly used in investigation units but the lack of related legal provisions in present legal system has seriously restricted its effects.There is no legal provision about the secret investigation measures, which make it impossible to work well. For this reason, perfection of secret criminal investigation, strict regulation of case treating process under legal system, realization of the principle ＂ruling by law＂and legalization of legislative perfection of secret criminal investigation measures are the important research subjects of the legislation of the secret criminal investigation works in our country.