美国化装侦查制度之厘清与借鉴

化装侦查是一种重要的侦查方法,美国通过立法和判例对化装侦查的具体程序、化装侦查的实施主体和适用对象、适用条件与适用原则、化装侦查的监控机制、化装侦查的界限与法律后果进行了规范。我国新《刑事诉讼法》第一百五十一条规定了化装侦查制度,但内容过于笼统、简单,需要借鉴外国化装侦查制度之成功经验和具体做法,进一步完善和细化我国的化装侦查制度。

Clarifying and Reference of the Make -up Investigation System of the United States

The make- up investigation is an important investigative method. In the United States, the specmc procedures of the case investigation, the body of implementation and the applicable objects of the make - up investigation, the applicable conditions and applicable principles of the make - up investigation, the monitoring mechanism of the make - up investigation, the boundaries and legal consequences of the make - up investigation have been stipulated by the legislation and jurisprudence. The system of the make - up investigation has been provided in article 151 of China＇ s new ＂Criminal Procedure Law＂, however, the content is too general and simple. Therefore, it is necessary to take after the successful experience and specific practice of the system of foreign make - up investigation, to further improve and refine the system of make - up investigation of our country.