卧底侦查是秘密侦查中的一种,对于侦破有组织犯罪及“无受害人犯罪”具有显著效果。但由于实践中卧底侦查常常出现破坏法制、侵犯人权的后果,因此其存在、使用的正当性遭到了公众的质疑。很显然要保证侦查机关在实施卧底侦查时具有正当性,就必须在理论上具有坚固的法律基础。 Undercover surveillance is a type of secret investigation that has a significant effect on the detection of organized crime and “non-victim crime”. However, due to the fact that the undercover investigation often shows the consequences of undermining the legal system and violating human rights, the legitimacy of its existence and use has been questioned by the public. Obviously, to ensure the legitimacy of the investigating authorities in carrying out undercover investigations, they must theoretically have a solid legal foundation.