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On Temptation Investigation

Posted on:2013-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2266330425450874Subject:Criminalistics
Abstract/Summary:PDF Full Text Request
With modern technological advances and changes in social structure, due to theever-changing modus operandi Crime Investigation has been unable to cope with thecomplexity of the crime situation, the temptation investigation has been adopted by thedeveloped countries major criminal investigation, to prevent crime and to combat crimethemost efficient weapon, favored for the national criminal investigation authorities. TemptationInvestigation In order to achieve the purpose of the investigation of a crime, in accordancewith its mandate by a particular subject or authorize the implementation of proactiveinvestigation, including the adoption of temptation means, including investigation.Enticement Investigation in the investigation of criminal cases in a more awkward position,due to the lack of the clear provisions of the laws and regulations of Enticement Investigationin practice, and what kind of cases can be implemented, and who can implement its exercisebehave, what limits, and so there are a lot of controversy and confusion, the paper argues thatthe regulation of Enticement Investigation to the imminent situation, must be clearly definedfrom the legislative.In addition to the preface and conclusion, the total is divided into four parts:The first part, the temptation investigation of the need for the implementation of judicialpractice. This section first discusses the temptation of the history of the investigation, as wellas on the impact of China’s judicial practice; Secondly discusses whether there is the necessityof implementation of Enticement Investigation in the judicial practice.The second part, the temptation of the difference between the investigation and relatedconcepts. The author carried out the analysis of the definition and characteristics of the firstmeaning of the temptation investigation, then and Entrapment adjacent concepts, such as thedistinction between the three aspects of the police trap, secret investigation, detection strategyto clear the concept of Enticement Investigation.The third part of the status quo of Police Entrapment defects. This section describes thetemptation investigation of the current situation in our country, though not one of laws andregulations can be used as the the legalization basis of Enticement Investigation, but judicialpractice investigative organs and a large number in the investigation of criminal casestemptation investigation of Enticement Investigation system in the presence of more defects, such as investigative organs have greater discretion with arbitrariness, the legitimate rightsand interests of the attacking innocent people.Part IV of Police Entrapment legal system. Defects of the third part of Police Entrapmentin this section is proposed to be regulated by the legislature of Police Entrapmentrecommendations from the temptation the main body of the application of the investigation,the scope of application, application objects.
Keywords/Search Tags:Temptation Investigation, the police trap, secret investigation
PDF Full Text Request
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