Research On Legal Regulation Of Inductive Investigation

As a special means of detection, Inductive Investigation has found wide applicationboth in legislation and practice all over the world. In the meanwhile, for the purpose offighting against specific crimes such as drug trafficking and smuggling, InductiveInvestigation is largely employed in practice in china. However, the deficiency of related legalnorm in actual use has caused many problems; hence it is urging to restrict InductiveInvestigation. Drawing upon major governed-by-lay countries'legislation, practice and theory,this article thoroughly compares and studies the controversial aspects including the concept,the value and the establishment of Inductive Investigation; based on the comparison anassumption for Inductive Investigation practical structure for China is submitted.This article has five chapters, including approximately 37,000 words.As an introduction, chapter one summarizes the background of Inductive Investigationas well as the research questions of this article.Chapter two is an introduction of the basic theory of Inductive Investigation. Thischapter reveals the connotation of Inductive Investigation, and the comparison with"Policeentrapment","Special criminal investigation"and"undercover investigation". Then thefeature and classification of Inductive Investigation are listed.Chapter three lists the existing state of Inductive Investigation. The legislativedeficiency and the wild usage of Inductive Investigation in practice are stated. Then after abrief analysis of current state by a related questionnaire which is carried out among policemen,the existing problems and their reasons are demonstrated.Chapter four demonstrates the necessity and justification of Inductive Investigation.The positive value such as social defense and negative value including civilian rightinfringement are put forward to justify the necessity of Inductive Investigation establishment.And then based on legal principles, the justification of Inductive Investigation is proved.As a focal point, chapter five discusses the establishment of Inductive Investigation.Upon extracting relevant foreign theories the author brings out the basic principles ofInductive Investigation, including legal principle, the necessary principle, balance principle.In addition, the author analyses the subject, scope, and appliance, and proposes the procedureof starting, justifying, and relieving. Finally, the author states two additional questions.