Our Country Entices The Detection The Legal Control Research

The temptation of the investigation refers to state organs must be taken to detect the induction of personnel strategy,implied or induce the target to detect the introduction of some crime,and crime at the time of or after the results of a person arrested criminal investigation Ways Forensics.The temptation is to detect the edge of the dance,are roses with thorns,and its initiative to prevent and combat crime target and the temptation to target the protection of human rights against each other usually.In our country,the temptation exists to detect the problem is mainly expressed in the investigation of the wantonly and abuse of power and thus lead to infringement risk.From the procedural law angle,carries on the legal control to the enticement detection,has the vital practical significance in the theory and the practice.In this paper,the investigation of China's legal control over the temptation of the main line,the temptation of the investigation surrounding the question of infringement risk,the temptation of the legal control measures to detect these two core issues,a total of three-part study.The first part,enticement detection necessity and Xu Rongxing.The enticement detection is one kind essential "wicked".Its necessity mainly manifests in the enticement detection is the attack special category crime cannot substitute the method,is pursues the efficiency the need.The enticement detection in the interchangeability mainly does not display in two aspects:One is investigates ability not the interchangeability,one is the psychological trust not the interchangeability.When the proof enticement detection is pursues the efficiency the need,The author has used the economic analysis method,embarked from the influence efficiency's principal element analyzed the investment with the output between relations.Is precisely as a result of its necessity,only then has produced us to its Xu Rong.Xu Rong has the boundary,namely the enticement detection's agent cannot induce other people crime,cannot form police the snare.Will overstep the enticement detection the legal boundary to have the procedural nature and the reality legal consequences.This part is second part and the third part of foundation.Is precisely because the enticement detection has the necessity, thus permits for the people accommodates,only will then produce the legal control results, but will not be the effect which will abolish.In this part,what the author mainly uses is the economic analysis method and the comparative analysis method as well as the value analysis method takes the basic research tool,in the present our country theorists to entice the detection necessity and Xu Rongxing study under the quite frail present situation,may also say that was barely satisfactory! In this part,the author mainly uses the contradictory special analysis method and the sociological analysis method as well as the comparison analysis method.Because this part is speaks our country to entice the detection the question,but entices the detection existence to our country the question,the right infringement risk origin and the way choice aspect research literature are also quite few and scattered,the author systematization and will theorize,this may also call is one kind of innovation.In this part,the author mainly uses the contradictory special analysis method and the sociological analysis method as well as the comparison analysis method.Because this part is speaks our country to entice the detection the question,but entices the detection existence to our country the question,the right infringement risk origin and the way choice aspect research literature are also quite few and scattered,the author systematization and will theorize,this may also call is one kind of innovation.The third part entices the detection law control to our country the conceptionThe author in compares the UK-US legal system and the mainland legal system to entices the detection law control the similarities and differences,proposed in the internationalization and under the localilzation field of vision to entices the detection the legal control mentality:Namely in right procedure dimension legal control thought.This thought legislates the control primarily,take judicial control as auxiliary.In legislative control,to deal with the criminality the complexity,the particularity and the multiplicity,the legislative control should the suitable perspective,the proper attention to both reality.In the legislative control mainly revolves the enticement detection the control principle and the enticement detection legislative control devised that two aspects launch.The enticement detection's control principle mainly has five:Namely the legal principle,the necessary principle,the stage discrimination principle,the judicial review principle and forbids the intensity enticement principle.In these five principles,especially by legal principle,The necessary principle and forbids intensity enticement principle especially important.In the enticement detection legislation control conception,the author mainly discussed four aspect questions, namely enticement detection exercise of power stipulation,procedure rules and regulations, evidence act rules and regulations,and three related other questions.In the enticement detection exercise of power stipulation,mainly spoke the enticement detection to be suitable case's scope,the main body。The exercise of power condition and exercise of power supervise four aspects the questions;In the enticement detection's procedural law rules and regulations, from the enticement detection's start-up procedure,the monitor program and the authority relief procedure three aspects launches;In of the enticement detection's evidence act rules and regulations,mainly spoke police fruit's of the snare question,the poisonous tree elimination question,the illegal evidence collection evidence elimination question,the special situation to testify the question.The evidence act already needs to consider the evidence qualifications, certificate ability,must consider the value rationality Therefore in the evidence act rules and regulations must be fastidious about the lawsuit technical nature also to be fastidious about the value rationality.But the judicial control mainly lies in the judicial review and the authority restriction.In this part,of the author to entices in the detection the crime to stop the question which,the common perpetrator's question whether fruit's of the question,the poisonous tree evidence does use,the informer and the enticement investigates the assistant identical question,has carried on the independent thinkingHoped that author's this article to deepens us to entice the detection the understanding to have is of help,also hoped that the enticement investigates this wild horse to be able to gallop in the procedure rules and regulations track.