Encouragement Of Judicial Ocontrol

In recent years, with China's reform and opening-up continues to expand, increasing economic prosperity and political environment gradually relaxed, a variety of criminal offenses have become increasingly rampant. In order to more effectively combat all sorts of criminal activities, the encouragement to take the initiative to detect this type of detection means in practice, it was used to detect more and more widely, but the encouragement of Practice has proved that as a criminal investigation of a special investigative techniques in the detection of specific crime such as drugs, smuggling, bribery firms, such as cyber-crime cases is an extremely effective means of detection. Although the encouragement has been the judicial practice in China has been widely used, but China's current legislation does not expressly provided in this regard. Practice have also emerged in the investigation authorities in the use of investigative techniques in the detection of cases of encouragement at the same time to detect the abuse of power, violations of human rights has seriously affected the process of China's rule of law. This shows that China's current practice, the encouragement to detect the disorder in a state of urgent need of legal regulation.Whether it is appropriate to set up the encouragement of our detection system? Should be by any standard, that the encouragement to detect whether or not legal? Once the investigation means the encouragement to abuse of criminal suspects and the rights of the accused to relief? How can we set up the encouragement for China's national conditions to detect regulatory system, so as to achieve the fight against crime and the protection of human rights "win-win" the purpose and so on. In this paper, the encouragement of the investigation from the perspective of judicial control in this series of issues for further exploration.Full text is divided into four parts. The first part introduces the basic theory of the encouragement of the investigation, the second part of the main introduction to the encouragement of the investigation on the theory and practice, the third part of the investigation focuses on the encouragement to use in our country as well as the confusion encountered, mainly in the fourth part of the valuable experience of foreign on the basis of our investigation from the encouragement of both procedural and substantive judicial control. The fourth part is the focus of this article.