Research On The Problem Of Temptation Investigation

In recent years, with the gradual deepening of reform and the rapid development of our economy, crime gradually shows the trend of the high degree of organization, the high technology and the high degree of concealment. What’s more, serious crime like transnational crime and terrorism becomes more and more rampant. Based on this, inductive investigation has its huge practical meaning, which is helpful to effectively investigate the serious crime. From the point of the new modified criminal procedure law in 2012, this article begins with the concept of inductive investigation and analysis the advantage and the disadvantage of traditional “Dichotomy” classified theory through integrating years of domestic theoretical research results, redefining the concept of inductive investigation and analyzing its main character. This article strictly distinguishes relevant concepts with inductive investigation, such as under investigation, secret investigation, entrapment and controlled delivery. Owing to inductive investigation’s danger, the academic circles and the practical circles have controversy on it. This article elabrates the legitimacy of inductive investigation from the aspect of the morality and law, and analyzes inappropriate inductive investigation. In western countries under the rule of law, there is long history about inductive investigation as an effective means to punish crime. Based on the extraterritorial theory of inductive investigation and relevant regulation, this article starts with operational principles, starting condition, applicable procedure, illegal consequence, and tries to form the laws and regulations system that is consistent with our national circumstances.