近日,在“躲猫猫”、“钓鱼执法”和“徐宝宝”案件中第三方调查频频被启动,成为公众关注的焦点。这三个案例中,启动第三方调查有成功也有失败。第三方调查对监督司法的公平正义有促进作用,但其同时也面临着权利来源的合法性、程序的正当性以及影响司法独立等质疑。本文拟基于这些问题对如何规范第三方调查进行探讨。 Recently, third-party investigations were frequently launched in cases of “hide-and-seek”, “fishing law enforcement” and “Xu Babao”, becoming the focus of public attention. In all three cases, the success or failure of launching a third-party survey. Third-party investigation can promote the fairness and justice of judiciary justice, but it also faces the questions of the legitimacy of the source of rights, the legitimacy of the procedure and the impact on the independence of the judiciary. This article is based on these issues to discuss how to standardize third-party investigation.