On Tempting Investigation

Tempting investigation, a special investigation technique which has ever been used for the investigation of enemy and spy cases, now characterized with low cost and high efficiency, is mainly used in most criminal cases with"no direct victim"and other criminal cases which are hard to be detected with the conventional investigation means. Restricted by funding, technology, equipment, personnel quality and other conditions, in order to combat the more and more rampant criminal offences and maintain social stability and harmony, the tempting investigation becomes an indispensable and effective means, and even makes unusual contributions repeatedly in major and difficult cases. However, due to the blankness of the legislation on the tempting investigation and the lag of theoretical study, the tempting investigation is often abused and misused, resulting in infringing upon the legitimate rights and interests of the tempted and violating the spirit of the legislation. The limits of legality and legitimacy has been a focus with much controversy, and how to accurately grasp the boundaries of its legality and reasonableness is constantly explored and studied in investigation practice. It is no doubt that the blankness of the legislation on the tempting investigation is the key of the problem and therefore, the tempting investigation in China must construct the necessary legal regulations.