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Enticement Investigation Of Criminal Legal Regulation Issues

Posted on:2014-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:D G LiuFull Text:PDF
GTID:2266330425480837Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the development of the society, the performance situation of criminal cases in China has become increasingly diverse, the nature of the case to continuous crime bad representative significance. Such cases is complex and continuity, the criminal suspect most strong counter-countermeasures, this to our country the traditional detection method is put forward severe challenges. Using conventional method has effectively solve and even hard to find these crimes. In order to contend with the specific crime, many countries give the investigation organ take some special investigation power, temptation investigation is part of one of the important. Although the theoretical circle for the existence of the temptation investigation system have higher, but the author thinks that, in the current high crime rate, under the condition of crime means renovates ceaselessly, using the means of temptation investigation has its necessity and objective reality value significance. The present judicial practice, however, there is an embarrassing situation: in order to solve related cases, the investigation organ in the investigation of the practice repeatedly use the means of temptation investigation, but at present our country about the temptation investigation system, there is no clear legal provisions shall be applicable. Related to the system theory and the lack of legislation make frequent problems cannot solved in practical operation. In the study of the present condition of the temptation investigation system in our country and draw lessons from other law countries under the premise of a reasonable system, build in accordance with national conditions, reflect the characteristics of socialist legal system the temptation investigation system is imminent.This article at the beginning of the thesis plan to consult a large number of literature, in view of the classic case study, than other precedent law countries, summarizes the useful experience, to obtain a variety of materials processing of thinking, use of literature research, case study method, function analysis, experience summary method and so on the many kinds of paper research method.I will with the continuity of a classic crime cases introduce the topic of this article, from the academic circle of existing different theory of temptation investigation, introduction to the concept and type of temptation investigation. By studying the history and status quo of temptation investigation in China, than the temptation investigation system of typical countries in the two law systems, and some reasonable methods of temptation investigation legal rules, especially about its applicable subject, object, scope of case, application, principle, responsibility identification. So as to put forward the concept of temptation investigation which accords with the situation of our country rule of law, to better construct the temptation investigation of our country’s existing system, improve the socialist rule of law, improve the quality of the investigation organ detection rate and solve, make the judicial resources to be able to use more effectively, and crime prevention, maintenance and stable social order.The text is divided into three chapters, section8, about twenty-five thousand words.
Keywords/Search Tags:Temptation investigation, apply, Legal regulation, Thereasonable configuration
PDF Full Text Request
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