A Study On The Problem Of Temptation In China

The object of this paper is a special investigative technique in judicial practice, which is called temptation investigative measures in the code of criminal procedure. Temptation investigation means a special investigation techniques which is executed by state organ and investigators as well as by their commissioned who take certain policy-induced, by the way of setting the bait and providing opportunities or conditions for the investigation objects, which implied or induce the objects to expose their criminal intention and implement crime, arrest the suspects when the objects is implementing criminal acts or has completed crime. With the development of economy, the traditional investigative methods can not effectively adapt to a number of organized crime, victimless crime, hidden crimes and other new forms of crime, but the temptation of investigation for the detection of such cases has a special role. However, the risk of temptation investigation would infringe upon the lawful rights of citizens, which caused widespread controversy. Although the enticement investigation long-standing in judicial practice, the code of criminal procedure was voted by giving it legal status until March14,2012, which has great significance for the improvement of the investigation system.This article is based on the study of inductive investigation, on the basis of related theoretical issues, hoping to be able to more accurately and fully master its characteristics, to clear its value, and to distinguish it from the police trap under control, delivery and other related concepts. In this paper, according to introduce the legal regulation of foreign of inductive investigation,let us clear our legislative and judicial problems existing in the embodiment of ideas, that are not in favor of protecting rights and controlling crime. Any kind of social system cannot operate from internal checks and balances and external constraints, so, the legislation imperfect inevitably lead to the existence of the practical problems. In the progress of constructing the inductive investigation system, we should pay attention to grasp the legality judgment standard, to discriminate the effectiveness of evidence, to improve the system that person who appear in court to testify criminal facts, and to clear the questions about criminal responsibility in the case.