On The Tempting Investigation To Legalized Regulation In China

Tempting Investigation is a kind of investigative techniques widely used in the judicial practice and it has played an important role in completing reconnaissance missions and fighting against crime. At the same time, the phenomenon of indiscriminate use and misuse of tempting investigation measures of criminal investigation departments of practice which violates the legal rights of citizens is very prominent. In view of this, the paper Tempting Investigation has been investigated.First chapter points out the legal dilemma of Tempting Investigation. Tempting Investigation refers to investigating authorities and the facilitator for the detection of extremely complex, with a strong hidden, harmful crime investigation actions taken, with initiative, deceptive, and so hidden and limited features. In addition, the chapter also discusses the classification of Tempting Investigation. Tempting Investigation can be divided into an opportunity to provide type and Criminal Intent inducible Entrapment. The difference between the two different Tempting Investigation clear classification of legal significance is that the former, the latter offense. United States, Germany and Japan have a better Police Entrapment. On this basis, this study describes of the current status and problems of the temptation investigation, which leads to the legal difficulties of temptation investigating.Within Temptation Investigation theoretical analysis, this paper explores the legitimacy problem, we adopt a compromise or limited assurance, and through investigation benefits and the weighing of legal interest theory to demonstrate this point of view. Temptation investigation has legitimacy because of the need for the detection of cases. But at the same time, there is a great risk of violating civil rights. To achieve both the detection of cases and the protection of civil rights, the paper points out that the investigation should be allowed to exist under the premise of the temptation, but should be restricted through the system of temptation investigation. Then the article analyzes the legitimacy of Encouragement, and on this basis, criteria of legitimacy has been analyzed.Based on the foregoing, this article has the following recommendations of promoting the improvement of legal regulation temptation investigation: basic principles, the type of the temptation investigation, the implementation of main body, the legal consequences of illegal temptation investigation and related system and so on.