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On Inductive Investigation

Posted on:2008-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:X L CaoFull Text:PDF
GTID:2166360215996663Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Inductive investigation is a special detective measure in which the investigator designs some circumstances or provides some opportunities for the suspect who has an obvious criminal predisposition or has carried out criminal preliminary activity or has connected with previous criminal activities in order to make him exposed and then arrest the suspect or collect enough evidence to prosecute those disguised crimes usually with no victims. As a special kind of investigation, on the one hand, inductive investigation is most effective to deal with and prosecute special types of crimes. On the other hand, it will cause some disadvantages such as offending civil rights and endangering the construction of judicial ethics if it is used inappropriately. In fact inductive investigation is commonly admitted in legislation and judicial practice all over the world. Although the concerned legal system in China is not established yet, inductive investigation is widely used in detecting some special crimes such as contraband and drug trade, which are difficult to be detected if we use traditional detective measures. Lack of the legislation will necessarily result in some practical problems. Regulating and confining the inductive investigation by law is the sole way to realize the balance of legal benefits, therefore it is necessary to set up a legal system to control inductive investigation in our country.This article begins with the basic theory of inductive investigation. 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. Lastly, the author classifies inductive investigation according to different criteria.Chapter two is an introduction of the main theories and practices of inductive investigation in the U. S. and Germany as the representatives of the Anglo-American system and the Continent system respectively. The author mainly presents the different practices adopted by the two countries. The emphasis is on the five famous test cases in the U. S., and the two measures taken to restrict inductive investigation, i. e., "the entrapment defense'and "the due process defense".Chapter three makes a rational analysis of inductive investigation. The author points out the reasons and advantages for which inductive investigation exists and also the defects it may bring. And then he draws out his point of view that it is necessary to establish inductive investigation system in our country.The last chapter discusses the institutional establishment of inductive investigation. After mentioning the problems occurring in the practice of inductive investigation in our country, the author proposes to strictly restrict the scope, mode of conduct, subject and object of its application from the perspective of judicial control in advance. In addition, in terms of restriction afterwards, the author puts forward the criterion to judge the legality of inductive investigation, and points out the consequences of illicit inductive investigation. At last, the author proposes to establish sound evidence regulations so as to bring inductive investigation into the track ruled by law.
Keywords/Search Tags:Criminal Lawsuit, Inductive Investigation, Police Entrapment, Lawmaking Conception
PDF Full Text Request
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