我国秘密侦查法治化刍议

Legislation of Secret Investigation in China

秘密侦查是一种侦查部门经常使用且行之有效的特殊侦查方法,由于其极强的隐蔽性和不透明性,加之我国立法的不完善,致使秘密侦查在实践中易被滥用,侵犯公民权利。通过对域外立法情况的考察和借鉴,我们对秘密侦查的立法态度应该转变,应在法律中对秘密侦查的适用范围、实施主体、审批主体、实施程序、救济措施等进行具体的规定,将秘密侦查纳入到法治的轨道中来。

The secret investigation is an effective investigation method which has been used widely. In the light of its strong elusive, opacity and our imperfect legislation, secret investigation can easily be abused in practice and intends to infringe on citizens＇ rights. Based on the survey and reference of the foreign legislation situation, our legislative attitudes to secret investigation should be changed, we should concretely stipulate the scope of application, implementation organ, examination and approval authority, operating procedure and relief measure of secret investigation in the law, and bring secret investigation into the legal track.