Temptation Investigation In China’s Laws And Regulations

Criminal procedure law provides that "no confessions and to threaten, bribe, fraud, andother illegal means to collect evidence", in the practice of criminal justice, China hasrepeatedly emphasized the legality of investigation. This article nearly two years of "thehunting of the Giant Panda" lead to entrapment in the system of comprehensive discussion.Temptation investigation system in China belong to the default state, in practice it isfrequently sold,"Please get into the jar Sir","all is fish that comes to his net" of precedents,this "lure people commit","draw a snake out of its hole" of temptation. Foreign maturecompared to the theory of entrapment and complete legislative norms, temptationinvestigation system in China has highlighted a number of serious issues, such as entrapmentis targeted more arbitrary, unclear scope, the application process for criminal cases often lackof oversight and control mechanisms, liability and penalties is not known, and so on. I frompractice case start, in domestic temptation investigation theory research of Foundation Shang,reference abroad of legislative specification and case, on temptation investigation system forhas reasonable of analysis, and on in China temptation investigation system of legalregulation problem made envisaged, advocates established program sexual of relief systemand supervision mechanism, on temptation investigation behavior in practice in the made ofevidence also for has qualitative analysis, introduced has character evidence test standard.Advocated in the new amendments to the criminal procedure law perfection of evidenceexclusion regulations established in, the track temptation investigation system of the earlydevelopment of rule of law in China.