Temptation Investigation System Research

As a secret investigative measure, enticement investigation has been recognized by law in some Western countries, which has not been recognized in China. However, enticement investigation is a pioneering issue of our investigative theoretical study. The protection of human rights is more and more important in our country, enticement investigation in practice becomes an outstanding issue. But it is undeniable that enticement investigation is crucial in some special criminal cases, especially with the increasing complexity and intelligence of the crime. All of this is important to control crimes and maintain social stability.This paper consists of four parts, which describes the basic theory of enticement investigation, foreign theory and practice, the present situation of enticement investigation and how to promote the process of enticement investigation legislation in China.In the first part, I try to introduce the basic theory of enticement investigation. Specifically, I explain the concept and types, then discuss the positive and negative values of enticement investigation, so as to provide the theory basis for our enticement investigation in practice and legislation.In the second part, I mainly study foreign theory and practice about the enticement investigation. Specifically, I try to analysis the legal rules, the judicial practice and the development tendency of enticement investigation in the typical countries between civil law system and common law system, in order to promote the development of enticement investigation in our country.In the third part, I totally study the current status of the enticement investigation in our country, then point out the problems of enticement investigation in our judicial practice. This part mainly expounds the necessity and possibility of establishing enticement investigation rules in our country.The last part is the core of this paper, I mainly discuss how to promote the process of enticement investigation legislation in our country. Take advantage of amending the criminal procedure law, I think that enticement investigation should be recognized by law. Deeply, I give some suggestions about procedural restrictions, substantive restrictions and the rights remedy of illegal enticement investigation on the basis of foreign theory and practice, in order to promote the process of enticement investigation legislation in our country and service the judicial practice better.