On The Construction Of Inductive Investigation System

Inductive investigation, as a effective measure, has been commonly admitted in all over the world, has a important Practical significance in fighting against crime. Although the inductive investigation legal system in China has not been established, yet, is been widely used in deteeting practice. In recent years, with the rising of some crimes, like contraband, drug trade, prostitution, ect, inductive investigation has been used more and more common. This demond the legislature developing our inductive investigation legal system As soon as possible. We need to regulated the legitimacy of inductive investigation legal system, take it into the legal system.In this paper, inductive investigation from countries all over the world based on the present situation of legislation,current inductive investigation in China are analyzed,draw some existing temptation investigation, mainly displays in the following respects:First, the scope of the lack of reasonable limit.Second,suitable main part too wide.Third,the lack of effective supervision and restriction mechanism.Fourth,temptation investigation of improper lack of effective relief measures.According to the specific application of inductive investigation the defect existing in the process from the following several aspects,this paper puts forward improvement Suggestions.First,the implementation of the inductive investigation shall follow the principles,the principle of appropriate the necessity and the principles,procedures as responsibility principle.Second,from implementing subject,suitable condition and put forward to the examination and approval procedures three aspects about the inductive investigation of specific regulation.In implementing subject,the only by distinguish procuratorial investigation organ or with investigators and the investigation organ entrusted "informant" implementation.In suitable conditions,can be aimed at with serious social harmfulness,adopts the traditional detection means it is difficult to effectively, and the case for criminal suspects must have plenty of evidence that its inevitable will implement crime.In the examination and approval procedures shall be from three aspects:(1)In the starting program,by the investigators will apply shall submit a written application to inductive investigation procedure,and provide reasonable facts and evidence.(2)In investigation organ for examination and approval,responsible for the investigator's examine the application and decide whether or not to grant the approval of the investigation organ shall,after the implementation of inductive investigation report will apply for examination and approval procuratorates.(3)In procuratorial organs on supervision of the legitimacy and rationality of inductive investigation,examine the guarantee of inductive investigation means the legitimate effectiveness.Third, this paper puts forward the evidence elimination in regulation.Inductive investigation personnel for illegal or violates slightly the evidence obtained authorization requirements,if in acquiring subjective exists fault or harm when mild,or such evidence consequences for suspect's conviction and sentencing has an important meaning,and such evidence should not be ruled out;If the investigator's illegal detection behavior is of intentionally subjective, objectively and serious harmful consequences, so these evidence they should be evacuated anything.