Research On Legal Regulation Of Inductive Investigation

Inductive investigation is the need to adapt to the new realities of a new investigation, today the crime is increasingly complex, intelligent, concealed, the inductive investigation to use special types of investigations play an important role in cracking the case, so as to safeguard the safety of the community as a whole. Typical advantages of such an approach is a specific criminal cases to quickly grasp of criminal evidence, the suspects were arrested. Therefore, the Inductive investigation to detect the use of such strategies in the investigation measures, the legislation was recognized by many countries. However, in practice, but the Inductive investigation is a highly controversial investigation of the dangers of the investigation, it is susceptible to innocent citizens falling into the police trap, the results of the state in manufacturing. Although it had been studied abroad this academic, but in the theoretical studies of the criminal investigation is still a new field.Because our legislation was not specific to the regulation of the inductive investigation, which led to a lot of practical problems. China needs to establish a system to regulate the inductive investigation, to make such a dangerous temptation into the acts of the rule of law. This paper is divided into four parts to argue the law question of inductive investigation.The first chapter deals with the basic principles of inductive investigation. In this part, the author firstly makes clear what inductive investigation is and what its features are. Then, a comparison is made between inductive investigation and other means of investigation, with a special focus on the analysis of its difference from police entrapment, secretary investigation and informant investigation. Lastly, the author classifies inductive investigation in accordance with different criteria.Chapter two is an introduction of the main theories and practices of inductive investigation in the world. Considering the different legislation of inductive investigation in the American system and the Continent system, the author mainly presents the different practices adopted by different countries.Chapter three makes a rational analysis of inductive investigation from the perspective of jurisprudence. The author points out the problems that are likely to be triggered by inductive investigation. Moreover, the author introduces the theoretical controversies on inductive investigation -affirmation, negation and compromise--as well as the views held by the circle of law in China. In the end of this chapter, the author provides a reasonable borderlines of inductive investigation.Chapter four discusses the institutional establishment of inductive investigation. The author points out the problems occurring in the practice of inductive investigation in China. Next, from the perspective of judicial control in advance, the author proposes to strictly restrict the scope and target of its application. In addition, in terms of restriction afterwards, the author puts forward the criterion for the legality of inductive investigation, and points out the consequences of illicitness. At last, the author proposes to establish a sound remedy in law so as to bring inductive investigation into the track ruled by law.Along with the rule of law and the country's democratic progress, China's justice system has gradually made some progress after learning from the advanced experience of developed countries. This paper hopes to make certain contributions to the inductive investigation system.