Shallowly Discuss The Construction Of Encouragement Investigation In China

As a kind of special investigative techniques, encouragement investigation shows thetraditional means of investigation incomparable advantage. Such as: drug trafficking, smuggling，money laundering crime uncovered major difficult cases. Therefore, the detection means has beenrecognized by many countries and put into practice in the case investigation, however, enticementinvestigation as "the double-edged sword", it also has its disadvantages, once the encouragementinvestigation is investigation personnel improper use, in the investigation process will bringdisadvantages: infringement of citizens’ right of personality, jeopardize the judicial ethics. Atpresent, China has no special law against encouragement investigative techniques, but investigatorsin practice implementation of encouragement investigation of cases, show advantages: lowinvestment, high efficiency, also caused wide attention. Our country also should be given thelimited conditions, reasonable use of enticement investigation of specific cases. Therefore, theencouragement investigation related to the establishment of the legal system in our country hasbeen imminent, will present the hazardous special investigative means of law.This paper is composed of four parts, each part is discussed as follows.The first part introduces the concept of encouragement investigation, characteristics andclassification, discussed our country to build the necessity and feasibility of the system.In the second part of the comparative research method, the United States, Japan introducedthe Anglo-American law system and continental law system countries concerned the enticementdetection system’s basic mode, operational experience, and the building of the system of theimportant reference and inspiration.The third part mainly discusses the establishment of encouragement investigation system inour country should emphasize a few settlement problems, including legal judge standard,applicable principles, and China’s criminal legal system coordination, the legislation ofencouragement investigation level at present.The fourth part is to our country present specific encouragement investigation systemconstruction tentative plan, including the main norms, encouragement investigation system of legal responsibility and rights relief etc.