卧底侦查的法律问题探究

卧底侦查作为一种欺骗性侦查手段,其合理性是可以得到确证的。在卧底期间,卧底人员涉入的轻微违法犯罪应排除可罚性;面对卧底侦查对象所实施的轻微犯罪,卧底人员的不作为一般不构成犯罪。为防止卧底侦查措施的滥用,必须对卧底侦查进行有效的法律规制。

On Concealed Investigation

As a dishonest trick of investigation,concealed investigation has the foundation in its justifiability.During concealed investigation,the slight illegal act in which the concealed investigator positively involved should be removed away from the nature of punishment(expect murder and other serious criminality);And when the concealed investigator faces slight illegal act from the object of concealed investigation whether his negative act can be crime should be decided according to different situations.In order to avoid too frequent and incorrect usage of concealed investigation,we must has some criterion about it in law.