卧底人员的风险防控——以风险社会中的制度危机为视角

Risk Preventing and Controlling of the Undercover Investigators——From the Perspective of Institutional Crisis in the Risk Society

风险社会是现代化自身制造的,此"风险"不仅仅是经济、科技带来的风险,还是一种制度危机。制度缺失和制度冲突是制度危机的两种表现形式。我国正处于重要转型时期,各种制度的缺失和冲突开始显现。此次《刑事诉讼法》的修订将卧底侦查纳入其中,但是卧底人员的风险防控还缺乏相应的规定,这种制度缺失会增加卧底人员风险。

The risk society is a modem manufacturing itself. This ＂risk＂ is not only risk of the econo- my, science and technology, but also a crisis of the system. Institutional shortage and institutional conflict are two forms of the crisis of the system. China is at its critical transition stage. Institutional shortage and institutional conflict began to emerge. Although the undercover investigation was adopted by the amendment to the Code of Criminal Procedure in 2012, risk preventing and controlling of the undercover investigators is still not provided by the Code. The shortage of such an institution will increase the undercover investigator＇ s risk.