论卧底侦查争议问题及其法律规制

随着我国诉讼观念的更新和诉讼模式的转变 ,卧底侦查暴露出来的问题日益为大家所关注。作为一种谋略 ,“卧底”在我国刑事侦查学中历史悠久且应用广泛。然而 ,就其法律规制问题学界存在诸多争议 ,焦点集中在卧底侦查的理论基础与卧底警察“侦查行为”性质评价方面 ,而解决问题的主要途径有赖于具体的立法规制

On the Issue of Underground Criminal Investigation and its Legal Regulation

With the updating of our notions to lawsuit and the transforming of our legal procedure model, the problems appeared in underground criminal investigation is concerned increasingly. As a kind of ruses, "secret agent" has a long history in China and is used widely. It's necessary to use underground criminal investigation nowadays, but there are still many disputes in academic area on the question of its legal regulation. The disputes concentrated on the theoretical foundation of it and the valuation of the secret agents' "investigating behavior". However, the final way of solution to the disputes depends on the concrete regulation of legislates.