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秘密侦查指的是侦查机关采取隐瞒身份、目的、手段的方法,在犯罪嫌疑人不知晓的情况下,发现犯罪线索,收集犯罪证据,乃至抓捕犯罪嫌疑人的活动。秘密侦查的困境在于启动陷于随意、武装不能平等、裁判难以中立、程序无法公开、侦查行为的违法性和求真的悖论。现代司法的核心在于竞技,司法决斗便是此核心的集中体现。而秘密侦查具有司法决斗中竞技的理性品质,合乎竞技的经验理性。秘密侦查的竞技化有利于其正当性和合理性的充分体现。秘密侦查竞技化的理性构想包括:厘清秘密侦查的两大类别——任意秘密侦查与强制秘密侦查;规范秘密侦查适用条件与原则;设计秘密侦查的概括程序和细节规制;评断秘密侦查行为过程及其结果。
A secret investigation refers to a method taken by the investigation organ to conceal its identity, purpose and means. When a criminal suspect is not known, he finds criminal clues, collects criminal evidence and even arrests the criminal suspects. The predicament of the secret investigation lies in the fact that it is a paradox to start the process of being arbitrarily arbitrarily armed, unable to be equitable, the referee is difficult to be neutral, the procedure can not be disclosed, and the illegality and truth-seeking of the act of investigation are investigated. The core of modern justice lies in sports and judicial dueling is the central embodiment of this core. The secret investigation has the rational quality of competitive sports in the judicial duel, in line with the competitive experience of rationality. The competitive detection of secret investigation is conducive to the full manifestation of its legitimacy and rationality. The rational conception of the competitive detection of secret investigation includes: clarifying the two major categories of secret investigation: arbitrary secret investigation and forced secret investigation; regulating the conditions and principles of the application of secret investigation; designing the general procedure and detailed regulation of secret investigation; the result.