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Discussion On Construction Of China's System Of Entrapment

Posted on:2012-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:J HeFull Text:PDF
GTID:2206330335488125Subject:Law
Abstract/Summary:PDF Full Text Request
Inductive investigation as a means of investigation, has a long history, not only by many countries legally recognised and widely all over the world by investigation department. At present, judicial practice of our country have used for this secret investigation research also more comprehensively and deeply, but since China in legislation, but no provisions. In recent years, with the development of society, the criminal complexity, concealment, intelligent and organization; etc. With social harmfulness serious drug-related crimes without the victim of the crime, the investigation organ to pose a great challenge. Practice has proved, inductive investigation is a challenge to the effective method of case, uncovered. However, we should also see, as a special investigation method, is a double-edged sword, inductive investigation into the legislation in our country, must be careful.The first chapter of the basic concept for the inductive investigation. Tries to explain the theoretical issues related to more accurate, comprehensive grasp the essence of this method. In this paper, the concept of the inductive investigation of inductive investigation and the police investigation method, deceptive emotion investigation, secret investigation have comparison and contrast. The continental law system, the Anglo-American law and the definition of the inductive investigation is summarized and induction. The inductive investigation and analyses the characteristics of the inductive investigation and the classification of behavior, inductive investigation for making the basic orientation.The second chapter for comparison of inductive investigation. In the first,the practical application of the inductive investigation is summarized. Next to the pros and cons of inductive investigation conducted comparative analysis. Finally, from the legal aspects of inductive investigation, the value of the objective, reasonable analysis.This is the third chapter, in the system of inductive investigation on sex building are expatiated. First, from the principle of necessity on purpose, principles of legitimacy, reasonable doubt principles, the principle of due process from four aspects: the legitimacy of inductive investigation in China construction are discussed in this paper. Secondly, the inductive investigation of our legal system construction of inductive investigation applicable to clear, scope, applicable object, applicable procedure and relief system are discussed in this paper. Finally, the investigation organ from internal supervision and procuratorial organs, procuratorial supervision of the court judge monitoring in aspects of inductive investigation in judicial control.
Keywords/Search Tags:The inductive investigation, System, Structure, Judicial control
PDF Full Text Request
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