On The Legality Of Encouragement Investigation

Encouragement investigation is a special detective measure which is commonly admitted in legislation and judicial practice in world. It has been accepted by a lot of countries' legislation. With the development of the community and the economy, encouragement investigation plays an important role in detecting some special crimes, such as organized crime, drug crime, false currency crime and crime committed with similar ways in given places as well, which are difficult to be detected if we use traditional detective measures.This article is divided into three parts, the first part is the concept and characteristics of the encouragement investigation, through the perspectives of several academic analysis, combined with the classification of the encouragement investigation to detect the concept of encouragement investigation, and then sum up the temptation to have the initiative to detect, deceptive and arbitrary nature of the three characteristics.The second part is the value and system comparison of the legislation of encouragement investigation. Encouragement of domestic legislation and practice the analysis of the status quo, as well as the temptation of the investigation as a special investigative means have the function and role after an inspection, this paper argues that the encouragement investigation of legitimizing the need for investigation. By Western countries, mainly in the United States and Japan to compare inspection, the encouragement investigation can be found on the legalization of the investigation are limited to the temptation of Western countries to detect a trend of development, at the same time also on the feasibility of legislation, which would of great importance for China's legislation.The third part is a summary of the previous text and analysis on how to proceed with the encouragement investigation to come to the legalization of the system to detect design. Think of this article, the design of the system is the most important prerequisite for the clear, the encouragement investigation to legitimize the premise of the investigation, including two: the scope of the encouragement investigation and detection of improper encouragement investigation the temptation to detect the boundaries, clearly these two pre-conditions can be resolved detection of the legalization of encouragement investigation most of the questions. Made clear at the premise, the more specific the design is more simple, the main investigation of the temptation in the operation of the control, which mainly means that the temptation to implement the main investigation, behavioral control, and the corresponding remedial measures.In this paper, the concept of inspection, such as a more detailed comparative analysis of ideas and norms of the encouragement investigation to legitimize the detection system design put forward their views, with a view to the temptation of the investigation itself is very controversial today can contribute to.