On The Legitimacy And System Construction Of Temptation Investigation

Inductive investigation as a special investigative techniques, commonly used in the early investigation into the non victim crime crime, as it may affect personal privacy, impede individual liberty, legality and legitimacy in the judiciary has been controversial, but the lack of clear guidance or legal norms. This article clearly stated criteria temptation investigation of the legality of whether the investigating authorities for the specific crime forced a last resort, which is investigating whether the object has a reasonable suspicion that investigative techniques, while the criteria for the legitimacy of the proposed specific judgment method and standard-of proof.This paper outlines the temptation to focus on the investigation, combined with the Supreme people’s court, the temptation investigation system legislative status quo of Yunnan, Sichuan Province from top to bottom, pointing out that the main problem and the reason judicial practice exists temptation investigation, the investigation carried out by the legitimacy of the boundaries of temptation analysis, to explore more suitable for the current situation of the Criminal Investigation Police Entrapment substantive and procedural rules, and legal consequences of illegal temptation investigation carried out the design and interpretation. Highlights of this paper is the first to temptation investigation conducted legislative level analysis and investigation, and built a relatively complete system of normative system from the entities and procedures to guide the investigation of the temptations and constraints, so the temptation to conduct the investigation according to the law, the temptation investigation for illegal behavior nowhere to hide, so the relevant responsible persons when their illegal crime and punishment. Hoping to conform to the objective needs of the real social conditions in combating crimes effectively curb the momentum of the high incidence of criminal cases, to further promote the legal process of criminal investigation procedures, more effective safeguard social fairness and justice, to achieve long-term stability.