The Theoretical Limition And Practice Application On The Legality Of Investigative Tactics

Detection strategy is that the subject of investigation achieve the certain goal, taking lawing and flexible and effective way for the detection of certain objects where the process of investigation for the detection of certain objects(people,objects,places). Every case's investigation all has a .design and application of detection strategy In practice, because there is no uniform criteria for judging .and the legality of investigative tactics are often in dispute. The theoretical limits on the legality of investigative tactics to systematic research, whether detection strategies for judging the legality or not.It has a certain significance in which the smooth progress of investigation work and correctly judge the legitimacy of the evidence in the criminal justice. This papper attempts to find kinds of investigative tactics from the commonality of the legitimacy of the standard to the theoretical limits of detection strategy of legitimacy and a variety of typical practice of the use of surveillance tactics to inspect, in order to enrich the theory investigative tactics.The paper contains a total of three parts, about 30000 words.The first part mainly discusses the concept of the legitimacy of surveillance tactics. That part of the investigation from the analysis of the concept of strategy analyzes the basic characteristics of detection strategy, to define the meaning investigative tactics. On this basis, a distinction between investigative strategies and detection measures. On the legitimacy of this issue from the start what is law, then the borrowed political science, law, philosophy of law and other subjects based on the concept of legitimacy, the legitimacy of this paper to define the concept and to distinguish between legality and legitimacy further analysis of the legality of the contents of the investigative tactics, that is, the legitimacy of the evaluation criteria, there are legal assessment, scientific evaluation.The second part of the research strategy of the legitimacy of the theoretical limits of detection. As the legal level, the lack of a direct detection strategy, the provisions of the legitimacy in the study of theoretical limits of detection strategies should not be limited to the legal level, but should have a broader perspective, to arrive at a consistent with the basic spirit and principles of law, and can effectively promote the investigation. The legal limit, the detection strategy, design and application need to meet the main legal and legitimate means. Includes prohibiting the use of legal instruments may lead to obtain false evidence, prohibiting violation of the Constitution and the law implementing detection strategies, to prohibit the right to freedom against the will of the relative detection strategies and means of restraint investigative tactics. In the scientific evaluation standards, the investigation should have effective economic strategies. In addition, the investigative tactics there are moral limits of the legitimacy of the standard.The third part of the study of the practice of the legality of the use of surveillance tactics. Detection strategies according to different criteria can be divided into different types. Code of Criminal Procedure clearly defined, but widely used in practice, the threats, enticement, deception-based strategies in the use of the grasp of its legitimacy has its own standards. An academic investigation strategy to the inquiry of witnesses, questioning suspects, the temptation to detection, controlled delivery and undercover investigation,. These types of investigative tactics widely used in practice, and to determine the legality of controversial large, there is no uniform standard, typical, it is necessary to study separately.