论卧底侦查

卧底侦查是强制侦查中的一种,与诱惑侦查同属于化装侦查。卧底侦查是对付重大的有组织犯罪的有效手段,也是最后的侦查手段。由于卧底侦查副作用明显,我国又没有相关法律规定,而实践中的适用又因有组织犯罪的猖獗而无法回避,对卧底侦查法理根据的探讨,关于卧底侦查具体法律规定的讨论,就为未来的立法和当前的侦查实践所需要。

Research on the Cover-up Investigation

Cover-up investigation is a subclass of forceful investigation. Like enticing investigation, it is included in disguised investigations. To some extent, cover-up investigation is an effective means and the last resort to fight against organized crimes. However, no law related to cover-up investigation has been made in China because of its obvious reverse effect. But in a world in which organized crimes are rampant, the carrying out of cover-up investigations seems inevitable. Thus, a jurisprudence study of the logic of investigation and a deliberation of its specific provisions will surely meet the needs of legislative activities in the future and the criminal investigation practice at present.