A Probe Into The Evidence Ability Of The Evidence Of Evidence

Temptation investigation is a special investigation methods, it play an important role in detection of high-tech crime and organized crime, and it’s recognized by almost all countries in the world. But the disadvantages of its own existence also criticized by the theoretical circle. The legitimacy of the temptation investigation in the judicial practice is controversial. At present, the practice of all countries is consistent, that is, on the basis of admit the legitimacy of the temptation investigation of legal regulation, our country also can use of temptation investigation in criminal investigation in this detection method, and its solve crimes, such as drugs, arms trafficking plays a big role. But issues about the legitimacy of the temptation investigation in our country hasn’t been formulated. Legal blank makes the temptation investigation faced with embarrassment in practice. As "two three department"2010"about some issues to deal with death penalty case evidence review judgment rules as well as the issue of illegal evidence exclusion rules of illegal evidence is well known and recognized gradually, the concept about the temptation investigation of the legitimacy of evidence obtained and set off a new round of discussion. Essentially, temptation investigation of violations, but its prominent role in solve major difficult cases made all we cannot deny its existence value. How to find a balance between controlling crime and protecting human rights, is a question of temptation investigation must face. So the temptation investigation should be carried out within the legal limit. The temptation investigation of evidence of the ability should be in the range of legal recognition.This article start from the meaning of temptation investigation, analysis the characteristics of the temptation investigation and the evidence, reveals the inherent requirement of temptation investigation, legal the result of the temptation investigation of illegal legal analysis, comparison methods introduced the major countries of two law systems is temptation investigation practice, and the temptation investigation of evidence obtained, finally put forward the construction of the temptation investigation and evidence system in our country. This paper is divided into five parts:The first part is the temptation investigation and summary of evidence obtained. Main content are the temptation investigation and obtain evidence of the concept, characteristics and overview of evidence of the ability.The second part is the analysis of the legitimacy of the temptation investigation evidence collection. Main content is to categorize temptation investigation to obtain evidence, evidence is obtained and then put forward the temptation investigation ability depends on temptation investigation evidence collection behavior is legal, also depends on whether the temptation investigation has legitimacy requirement point of view, and finally to legitimate the essential condition of temptation investigation. Necessity principle, the main behavior of moderation principle, subjective principle, the principle of causal relationship as well as the principles of examination and supervision.The third part is the analysis of illegal temptation investigation evidence collection legal consequences. If a temptation investigation activity violates the legal elements, the temptation investigation have a evidence obtained on temptation investigation, main body and the adverse consequences. The temptation investigation is carried out subject to distinguish the duty behavior or personal behavior, temptation investigation to collect evidence to distinguish the opportunity to provide type and the different types of mens rea induced type of temptation investigation, according to two different types of temptation investigation to collect evidence of the ability of different.The fourth part is outside the temptation investigation apply the relevant rules and regulations of evidence. Mainly introduced four major countries of two law systems’s temptation.investigation practice, as well as their attitude on temptation investigation evidence obtained.The fifth part of the paper is regulations on evidence obtained using the rules of thinking in China. First introduced the temptation investigation in our country present situation of using the evidence obtained, and then puts forward the temptation investigation in China and obtained evidence regulation of the legal system building.