Study Of Temptation Investigation System

In the recent years, many new kinds of crime unceasingly emerge in large numbers with the rapid development of economic society. Temptation investigation as a buffet, persuasion of litigation special investigating means are extensively used in organized crime,drugs,fake currency and the similar means of commitment in the special districts. Besides, it has got the particular effects. But there is less relative regulation about temptation investigation in our legislation. This phenomenon inevitable leads to the investigation means can not be used open and aboveboard because of being short of law basis. It can only be "shame-faced". In practice, it not only can not bring advantages into full play but can not institute unsuitable temptation investigation reasonable as well. Therefore, our country is to be badly in need of establishing law system of temptation investigation and adequately bringing it into track of legal system. This thesis firstly talks the conception side line of temptation investigation and studies its characters,classification and value property. And on the foundation of studying the temptation investigation which is in abroad, I think over the establishment of our temptation investigation system from the following six aspects. They are separately principle,legislation pattern,suitable condition,program control,law consequence,giving relief of measure towards one who is lured. The thesis consists of four chapters. Chapter one is the concept of the temptation investigation. The writer proceeds the demarcation line towards the concepts. While analyzing, I carry it out from the extension and intension. And then I study its classification and character. I summarize the four remarkable characters just as quality of temptation,quality of secret,quality of direction and quality of first-hand,and quality of disconfirmations of efficiency of evidence. In accordance with the value of temptation investigation system, I spread out the analysis from two sides. One is the right side of legal temptation investigation. The other is the bad influence of illegal temptation investigation. And then I summarize the essential limitation and the practical choose of careful usage.Chapter two is the comparative study of temptation investigation. From the angel of comparison, it studies the relative concepts of American and Germany and Japanese temptation investigation systems. And it summarizes their successful experience in order to provide references in establishing our temptation investigation system.Chapter three is the present conditions and existing problems of our temptation investigation system. In this chapter, a demonstrative analysis is proceeded towards our temptation investigation legislation and its present situations. It points out five present prominent problems. First of all, the mastering of suitable legal case scope is at one's pleasure. It is short of reasonable limitation. Secondly, It lacks effective supervised restrict. And it is unfavorable of protection of defendant's right. Thirdly, it is how to grasp the legal boundaries of temptation investigation and the ways of doing do not agree. Fourthly, the result of temptation investigation is difficult to determine. And the efficiency of evidence is difficult to be decided. Fifthly, there is less measures of right protection towards clear unsuitable temptation investigation; It is helpful to provide accordance of establishing our temptation investigation.Chapter four is the establishment of our temptation investigation system. In this chapter, on the basis of above analysis, it provides the thought of establishment of our temptation investigation system from the five aspects as following, principle,legislation pattern,suitable condition,program control and law consequence.