摘要
作为一种特殊的秘密侦查方式,卧底侦查在我国的侦查实践中屡屡运用。对于开展卧底侦查的正当性,在法学理论界存在否定说和肯定说等观点。在肯定卧底侦查的合法性与合理性的基础上,在效率与公平的视域下对卧底侦查制度中的卧底侦查人员的涉罪及可罚性问题、卧底侦查的适用范围及程序、卧底侦查人员的出庭作证等问题进行了规制,以期使卧底侦查制度达到兼顾维护社会稳定和保障人权的双重目的。
As a special means of investigation, the dinting detection has been frequently used in criminal eases in China. However, there are two contrastive opinions on its legality, the positive and the negative. To ensure this kind of investigation could maintain community stability and guarantee human rights, based on the agreement with its validity and rationality, this paper proposes some regulations on such issues as committing the crime and then the punishable conviction on the dinting investigator from the view of effieieney and impartiality under the institution of this kind of investigation, the applicable scope and the procedure of this detection, and the process of taking the stand by the dinting investigator and so on.
出处
《怀化学院学报》
2009年第7期54-56,共3页
Journal of Huaihua University
关键词
效率
公平
制度
侦查
efficiency
impartiality
institution
investigation
