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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 kind of secret investigation, undercover investigation is often used in the investigation of our country. For the legitimacy of conducting undercover investigations, there is a negative opinion and affirmation in the field of law and theory. On the basis of affirming the legitimacy and rationality of the undercover investigation, on the basis of efficiency and fairness, it deals with the crimes involving the undercover investigators in the undercover investigation system and their penalties, the scope and procedures of undercover investigation, the undercover investigation Personnel testifying in court and other issues were regulated in order to make the undercover investigation system to achieve the dual purpose of maintaining social stability and safeguarding human rights.