Improvement Of The Theory Of Temptation Investigation System

Temptation investigation as a special kind of investigation method originated inFrance, then in countries such as Britain and the United States the development andrecognition. Since introduced into our country, has been widely used in criminalinvestigation work. Today’s social, political, economic developing rapidly, and morekinds of new crime, let people by surprise. In the process of practice, investigationstaff always meet all kinds of unexpected situation, the emergence of new types ofcrime cases detected by obstacles, when using the traditional method cannoteffectively complete criminal detection work, and the emergence of the temptationinvestigation can help investigators to improve working efficiency. Althoughtemptation investigation has been widespread use in practice, temptation investigationsystem in China, but also is not perfect, and no specific provisions in the law, makingit appeared in the process of use the means of many human rights violations andabuses of power. Temptation investigation system need to further improve on the levelof legislation, and at the same time also need to cooperate with investigators, inensuring the effectiveness of the detection means at the same time also can protect thelegitimate rights and interests of citizens. In this paper, based on the research of thetemptation investigation this kind of investigation methods, analysis, and puts forwardsome legislative Suggestions to the deficiency existing in the system, to standardizethe investigation organ surveillance authority, guarantee the temptation investigationbehavior can be implemented in accordance with the law. This paper expounds theconcept, characteristic and classification of the temptation investigation, and theforeign system of temptation investigation, through to the countries study oftemptation investigation system, summarizes the deficiency of the temptationinvestigation system in China. At this stage, temptation investigation system in ourcountry is not perfect, there are many legislation blank, for the application of thetemptation investigation object, applicable scope and start program, supervision andso on various aspects also has no specific law, temptation investigation of illegalbehavior is the lack of relief measures. Of temptation investigation, the author of thispaper puts forward some Suggestions of the defects in the system: expressly providethe object of temptation investigation applicable to have criminal intent, minors,people with mental illness and should not be subject to the criminal suspect corruptionand bribery case implementation of temptation investigation; Strict rules applicable scope of temptation investigation in the case; Standardized initiator of temptationinvestigation, examination and approval authorities for examination in accordancewith the law, prevent abuse investigation organ temptation investigation; Perfect thesupervision of the temptation investigation procedure, not only requires investigationorgan and investigator to do self supervision, must finish the external supervision withprocuratorial organ; The temptation investigation behavior to a legal remedy, in thisway can effectively protect the rights of citizens. Evidence obtained through illegalinvestigation should be ruled out, on the tempter should be granted the right to applyfor state compensation, the implementation of the illegal behavior of temptationinvestigation personnel shall be punished by the law.