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我国法律关于侦查的秘密性原则规定得很不完整,理论上存在着模糊认识,司法实务中有一些错误的做法。何谓侦查的秘密性原则?秘密性原则在侦查活动中有无必要性?其诉讼价值是什么?解决这些问题,应从法理和实际操作两个层面切入进行讨论,这种分析还必须兼顾保护人权和打击犯罪的双重目的,也要参照各法系法治国家关于秘密侦查原则的规定。
The principle of secrecy of our country’s law on investigation is very incomplete. There is a vague idea in theory and there are some wrong practices in judicial practice. What is the principle of secrecy of investigation? Is the principle of secrecy necessary for investigation? What is the value of litigation? To solve these problems, we should discuss it from both legal and practical aspects. Such analysis must also take into consideration the protection of human rights and The dual purpose of combating crime must also be based on the provisions of the law-based countries in various legal systems on the principle of clandestine investigation.