On The Legal Regulation Of Temptation Investigation Measure In Drug Cases

In order to effectively crack down on drug cases, a lot of countries in the world use the temptation investigation measure, and get some notable results. In recent years, China has started to use this investigation measure in the investigation of drug cases. Along with the frequent use of this investigation measure in drug cases investigation practices, a series of issues begin to emerge, while there lacks of the legal regulations to regulate those issues in Chinese legal system.This dissertation use the legal principles and legislations of foreign temptation investigation for reference, analyze the status quo and problems of the temptation investigation measure in our drug cases, and then discuss the legal frameworks construction of the temptation investigation measure in China.In the foreword, this author listed two real cases in legal practice to reflect the reality of Chinese temptation investigation measures in drug cases, and declare that the temptation investigation measures are two-sided sword:if we fail to regulate them properly, they will be misused to violate the civil rights of common people.In the first section, this author analyzes the fundamental theoretical issues on the temptation investigation measure. The analysis mainly concentrates on the scope of drug cases, the temptation investigation measure, the concept, feature and classification of the temptation investigation measure in drug cases. The author point out that the temptation investigation measure tracks down and collects the evidence on the spot, thus it has the main features of temptation, inductive, initiative, astrictive, as well as indeterminate, in which, the temptation and inductive are its innate character. The temptation investigation measure is implemented in confidential conditions, thus it is likely to be misused to violate the civil rights of human rights, so the law must strictly regulate the scope of cases it used, its initiation, as well as its implementation procedure.In the second section, this author analyzes the justification of the use of the temptation investigation measure in drug cases. As we all know, the drug cases possess the characters of lacking the victims, secretive, lacking the spot of crime, the hard to find evidence. Thus, the severe reality requires us to use this investigation measure.In the third section, this author analyzes the status quo and problems of the temptation investigation measure in Chinese drug cases. At present, there is not any laws and regulations to regulate this investigation measure, the applying scope of cases is unclear, the implementation of this measure is hard to be supervised, the rights relieve systems are still not be established, and the lack of legitimate standard leaves the judge huge discretion.In the forth section, this author analyze the general status of the temptation investigation measure in foreign countries. The author point out that legality on the temptation investigation measure is the main development trend of foreign countries and international organizations. Thus, they are all against groundless initiation of this measure, and oppose inducing of innocent people into crime.In the fifth section, this author discusses the legal frameworks construction of the temptation investigation measure in China. The main contents include:adding the temptation investigation measure in Chinese criminal procedure law, clearing up the scope of cases that can use this measure, explicating the limitations on the temptation investigation measure, constructing the examine and approve system to regulate the application of this measure, establishing the exclusionary rules and the system of policeman testify before the court, as well as distinguishing the temptation by mens rea and the temptation by quantity, and sentencing them accordingly.