Regulation Of Law Of The Intention Luring Spy

In our country, Luring spy as a strategy, flexibility, and effectiveness of investigative technique is widely used in the investigation activities, in the fight against crime, improve the efficiency of crime can not be left unrecognized. However, Luring spy is a double-edged sword, on the one hand, Luring spy as an important mean of fighting crime is widely used. On the other hand, due to the lack of legal regulation, leading to the Luring spy is abused; including Intention luring spy is an example. The Intention luring spy has serious social harm, it undermines the social Master intergenerational relationship of trust, violations of people's privacy, stability and self-government rights, and more likely to abuse of power and dereliction of duty for the investigating authorities, and even for their evil crimes provide legal asylum, affects the whole social harmony. Therefore, in view of the Intention luring spy has such great harm, in the basic of introduce the connotation and denotation of the Intention luring spy, clarify its relationship with the related concepts, the article examines the Intention luring spy illegality in the vision of criminal law, and to explore its nature to make sure its accurate position, and finally engage in carrying out regulations in both before and after the use of the Luring spy, in order to rule out the use of the Intention luring spy.The article includes four parts.The first part is the summarize of the intention luring spy. This part mainly introduces the basic theory of the Intention luring spy. First of all, in the basic of introducing the luring spy, leads to a variety of definitions on intention in the academic community. Among the many seemingly complex concepts, combines the chance supporting luring spy to discuss the essential character of the intention luring spy. On this basis, raise the insight on intention luring spy of my own. Secondly, in order to further understand connotation and denotation of the intention luring spy, and comb the relationship between Policeman Trap, Abetting crime and Intention luring spy ( Spy Trap).Through the research and analysis of the Police Trap, we can launch that the Policeman Trap and the Intention Luring Spy belong to the same type of investigative techniques. By the nature of Trap Spy ,which is a concept emerges in civil law countries, is characterized with the Intention Luring Spy, can not be confused. The relationship between the Intention luring spy and Abetting crime, fist of all, we should clear that the Intention luring spy is different from Abetting crime. In this premise, research the relationship between them in order to searching for meeting and different in essence. The intention luring spy as imperfect production has great illegality. At the same time, it as an anti-crime measure need a certain degree of tolerance. Therefore, it is very necessary to distinguish different circumstances but not routinely punish as Abetting crime. For searching way of distinguishing the responsibility of the Intention luring spy, making sure of the point is very important.The second part: In the view of criminal law, comprehensive analysis of the conflict between the Intention Luring Spy and Criminal Law is made. First of all, the Intention Luring Spy Violates the purpose of penalty. From the temptation, the Intention luring crime greatly use the weaknesses of human, strongly encourage people to crime inner desire to put into action . Judging from the investigating authorities, as a direct purpose of the implementation of the Criminal Code not only does not prevent the occurrence of crime, but to lure citizens crime, his actions widely caused the adverse effects. Second, the Intention luring spy also violates the code value of Criminal law. The Intention luring spy changes a likelihood crime into a real one, and this is conflict with the code value of Criminal Law. The code of Criminal law at the investigation stage has two specific requirements: First, investigating effetely, maintaining social security; second, protect the freedom of suspects and other relevant people. But the Intention luring crime is conflict with the two points. Finally, the Intention luring spy is conflict with the principle of self-blame and the principle of application of crime.The third part: Inspect the cases that relating to the Luring spy at home and abroad. The United States, Japan and other countries have legislation on the Luring spy, they are mainly about the responsibility of lured person. Taking an overview of national legislation, the application and the various theories, we can see that the case of the Luring spy in different countries have something in common, but also have differences. In our country, the legislative of the Luring spy can be said to be a blank, only in April 2000 the Supreme People's Court" the work of the forum minutes notice of issued by national courts on drug-related criminal cases " in particular referred to lured crime problems on drug-related cases in special conditions, in addition , applying the luring spy to special conditions are also scattering in some local rules and regulations. Our countries on the responsibility of lured person still insist on guilty theory.The fourth part: Regulation of Criminal Law. The legal type of the Luring spy is the chance sprouting luring spy, and the Intention luring spy is illegal and should be ruled out in practice. Therefore, the Luring spy should be regulate in Criminal Law . First of all, the Luring spy should be reviewed prior. Establish the examination and approval system, application of the Intention luring spy should insist on application-review-approval steps. Secondly, Improve the accountability system. Lured person should be punishable by acquittal. For investigator, the acts in the Intention luring crime should be distinguish with crime. When investigator behavior illegally, should be reviewed step by step according to different situation .