秘密侦查法治化分析-刑法学专业毕业论文.docxVIP

II II Abstract In modern times,with the organized crime becoming a cancer which threatened human society gravely, the secret investigation have been increasingly thought highly of all the countries in the world:they not only apply the means of the secret investigation popularly in practice,but also attach great importance to setting up legal system of the secret investigation to raise its advantages and prevent its harm.In our country continent area, with the development of the organized crime,the secret investigation get more and more application in practice.But at present,we don’t have explicit legal regulation on the implementation of the secret investigation,and its effect takes off law state.At the same time,the theory boundary had gone into the secret investigation at just,relatively weak. Under this condition,I have understood and explained confidential the secret investigation and their rule by law-rization necessity from rule by law,and relevant theory of secret investigation in many countries,such as U.S.A.,Britain,Germany,France,Japan,I study the actual conditions of secret investigation in our country，then propose how to set up legal system of the secret investigation in our country. The article is divided into three parts.The first part gives confidential investigate rule by the secret investigation and explain the secret investigatin the rule by law-rization key element, and explain a secret investigating rule by law-rization necessity. The second is inspect comparatively the rule by law in the secret investigation.This part adopt parallel analysis law to analyse the means of the secret investigation of two main fundamental law countries from real angle, and summarizes out whose common value target. The third part is construction of the secret investigation in China.I submit the specific conceive of secret investigation in China with analysing the negative aftereffects, the causations and the real environment of the rule law in the secret investigation