Research On Temptation Investigation

Temptation Investigation is a peculiar method of investigation, which has been widely approved and used both in legislation and practice in many countries. Although there is no legal provisions in Criminal Procedure Law Of The People's Republic Of China, Temptation investigation has been wildly applied in drug trafficking , smuggling cases and so on. Lacking legal provisions must exert kinds of problems in practice. So , we must restrict temptation investigation in criminal procedure legislation. In inspecting major governed-by-lay countries' legislation, practice and theory, this article deeply compared and studied the concept of temptation investigation, theory basis and procedure suit, and at last a assumption for temptation investigation practical structure for China was submitted.This article has 3 chapters. Chapter 1 is the basic theory for temptation investigation. Based on the analysis on the 5 formulations of temptation investigation in China, the concept of temptation investigation was abstracted and compared with "Police entrapment", "Cover-up investigation" and "Special criminal investigation".Chapter 2 introduced the legislation and practice of the temptation investigation external, mainly took example by America, England, German, Japan, inspected the gradually change of the attitude towards the temptation investigation from opposite to fusion in the two genealogies of law and summarized the common point of the major governed-by-lay countries' legislation and practice.Chapter 3 is the key part of this article. Based on the analysis of the legislation and practice of temptation investigation now in China, assimilated the good experience and practice from abroad, integrated the Xiamen Municipal Public Security Bureau's Temporary Provisions On Temptation Investigation, advanced the practical structure of temptation investigation for China.