The Legal Effect Of Enticing Investigation Evidence

As a special investigative measure in the investigation of some serious criminal cases, the inductive investigation plays an important role, which the traditional investigative measures can not replace. However, there are no corresponding laws and regulations limiting the inductive investigation. On the use of the evidence, theory and practice circles have raised many legal issues, and generated some controversy.At present, the quality of evidence is ever increasing, and the review of evidence is increasingly stringent. How to grasp the legitimacy, depth of the analysis of the evidence, and further regulation of the inductive investigation, is the goal of the thesis.Combining with the recent release of " Stipulation about Handling the Death penalty Case To examine Judgment Evidence Certain Questions" and "Stipulation about Handling Criminal Case to Remove Illegal Evidence Certain Questions", the whole text leads to the research of legal effect of the evidence in depth, from the opportunity providing-type of the inductive investigation and the mens rea-type of the inductive investigation.Chapter I of the form describes briefly the inductive investigation's concept, characteristic and classification, and makes a comparative analysis about some approximate concepts of the inductive investigation, such as investigation snare, frame-up instigation, undercover investigation and so on. Thus, we can further analyze the connotation and extension of the inductive investigation. Chapter II proves the principles of collecting the valid inductive investigation evidence, from the special evidence collection main body, the necessity, the moderate behavior, examination and supervision, to provide the theory basis for further determining the legal effect of the inductive investigation evidence. Chapter III has analyzed the collection performance shape of the illegal inductive investigation evidence, proposed the legal consequences of the illegal inductive investigation evidence, and discussed how to remove the legal effect of the illegal inductive investigation evidence. Chapter IV mainly analyzes how to formulate the rules and regulations about the evidence collection behavior of the inductive investigation from the legislative angle, just complying with such contents as evidence collection main body, evidence collection scope, suitable object, behavior way and procedural supervision. Chapter V and Chapter VI of the form mainly discuss the legal effect of the opportunity providing-type inductive investigation evidence and the mens rea-type inductive investigation evidence, from the evidence collection form, evidence characteristic and legal effect analysis. Chapter VII describes briefly the legal effect of the evidence obtained from the inductive investigation about the drug-related crime, bribery, organized crime, cyber crime and so on.