Research On Temptation Investigation

With the development of our society, especially the rapid development of the economy, followed by crime is becoming more diverse, covert, organized and intelligent. Especially no obvious victim of crime, manufacturing and drug trafficking, smuggling, cybercrime increase, the traditional passive investigative techniques——scene investigation, search methods rely on victims and others sue and report has begun to show its limitations and backwardness. Enticement Investigation in practice because of their special properties in many countries today, much investigative organs favor. Along with the temptation of the investigation is the use of a large number of triggered a jurisprudence based on different values to examine and study the investigative techniques. Law in accordance with the United States, Japan on Temptation Investigation legislative and judicial practice visits, the two countries are opportunities to provide type temptation investigation be to allow the mens rea induced temptation investigation be prohibited, and generally through the legislative form of regulatory system and adjust temptation Investigation System, Police Entrapment conditions, the principal, permissions, etc. out detailed provisions to avoid unreasonable temptation investigation behavior appear. Enticement Investigation also make extensive use of the investigative organs in China, but China has not yet legislatively defined Enticement Investigation, nor is it clear procedural norms temptation investigation, the illegal temptation investigation behavior and provides for no legal remedies. Of context special emphasis on the protection of the basic human rights of citizens, especially with the high-speed development of the network of public opinion, Enticement. Investigation Once off the tube out of control, the basic human rights of citizens are likely to suffer from the individual concerned, from the national level, in terms of judicial The integrity and credibility of the government will be violated. Therefore, China’s urgent need to build Temptation Investigation System, and constantly improve the protection of human rights and punishing the criminal legal system.This paper is divided into four chapters, organized as follows: Compare to sort out the first chapter of the concept of Enticement Investigation, more knowledge, and " Police Entrapment ","undercover investigation", under the control of delivery "concept, based on analysis of the main features of Enticement Investigation, various classification.The second chapter examines the temptation investigation legislation in the United States, Japan, practice, and all kinds of doctrine.Chapter three integrated use of empirical analysis summarized summarized, conduct analysis of China’s current status of Enticement Investigation, necessity, there are problems.Chapter four discusses police entrapment legislative thinking and suggestions on our build.