Research On Legal Regulation Of Temptation Investigation

Temptation investigation is a special investigation activity that in order to detect strong concealment and no criminal case directly the victim, investigators deliberately provided conditions or opportunities for criminal suspects and hinted or to lure them to commit a crime, when criminal suspects behavior exposure or crime results occur, investigators would arrest them timely. Temptation investigation have three characteristics:initiative, deceptive, alluringly. Temptation investigation can be divided into the lure criminal intent ones and chance given ones. In these, temptation investigation of lure criminal intent is illegal and should be resolutely banned by the law and and the chance given temptation investigation is justified. The current situation of temptation investigation in our country is that temptation investigation was widely used in the investigation of practice, However, the legal regulation of temptation investigation be almost a blank. Temptation investigation in China have the three major problems:The first one is that the extent of the applicable case of temptation investigation is much casually. The second one is that Temptation investigation lack of effective supervision and restriction. The third one is that the legal responsibility of parties of Temptation investigation is not clear. Temptation investigation shall abide by the principle of legality, safeguard human rights principles and the principle of necessity. The applicable case of temptation investigation must have serious social risks or the extremely concealment or no direct the victim and the necessity of have characteristics. Therefore, the applicable case of temptation investigation should be limited to involve any guns, ammunition or explosives, organized crime, and terrorism crime of smuggling, drug crime and currency, foreign exchange, securities aspects of the crime of five kinds of crime. It should be prior approval, reported in the process and made an assessment after the process. In the lure criminal intent temptation investigation, tempter don’t take criminal responsibility. But in the chance given temptation investigation, tempter should be make a lighter or mitigated punishment according to attempted offence. In the illegal temptation investigation, the temptation investigation determiner may take criminal responsibility for the crime of abuse of power; the specific implementer of temptation investigation who use the temptation investigation illegally shall be investigated for criminal responsibility according to the different situations:the crime of retaliation or the crime of abuse of power or abetted crime.