Research On The Legal Regulation Of Temptation Investigation

Temptation investigation is a special investigative technique, with theadvantages of low cost, high efficiency, precision strike. It is widely used in thedetection of hidden criminal cases with great danger. But the temptation investigationis controversial in the academic studies. Because in practice, temptation investigationinevitably using attractant, deceive factor method, direct against the legitimate rightsand interests of the investigation object, the fairness of the judicial organ lawenforcement. The large range of operating of temptation investigation in lack ofexisting legal system and operating rules, the passive situation will certainly appearwhich is not conducive to the protection of the rights or to the orderly development ofinvestigation legality. In the process of promoting the rule of law with big strength inChina, the investigation measures with implied risk of great infringement shouldnot be in state of being "outside the law" for a long time. Attention should be paid toset legal regulation on temptation investigation and use temptation investigation in areasonable range to prevent its abuse. The151stArticle of the new of CriminalProcedure Law only states the general provisions of temptation investigation.However, there is no corresponding specific procedure and the law lacks operabilityin practice. Therefore, it is necessary to strengthen exploring the basic contents andrules of the temptation investigation to work out the corresponding specificprocedure.This paper begins with the case on Wang Mouqiang’s drug trafficking; dividesthe temptation investigation into two types, namely, providing chance andmanufacturing intent, tries to study the concept of temptation investigation and therunning characteristic from multi angles, analyses and discusses the full range of legalproblems on the rationality and legitimacy of temptation investigation. Based on the different views on the problems on the analysis and comparison of the countries ofAnglo American law system and continental law system countries in the treatment oftemptation investigation, I learn and adopt the advanced experience and practice, tryto probe into the problems on main application, applicable object, conditions,approval and supervision, evidence obtainment and admission of temptationinvestigation, search and set a set of standards that strictly uses the procedureincluding application, review, approval and supervision of temptation investigation.For illegal temptation investigation which is not in accordance with the provisions ofthe procedure, the acquired illegal evidence should be excluded according to theprovisions of article fifty-fourth of the new Criminal Procedure Law. For thoseevidence obtained by the violation of legal procedure, only with flaws in theimplementation procedures of the temptation investigation and if the flaws can becorrected or reasonably explained, the evidence can still be used to accuse thedefendant.This paper attempts to start from the current situation of temptation investigationin China, focuses on the legalization and improvement of temptation investigation inour country.This paper is divided into three parts, namely, the general situation andthe focus of controversy, main body and conclusion. The general situation mainlyintroduces the basic case and different opinions on qualitative nature of investigationbehavior. The main body is divided into four chapters. The first chapter discusses thebasic theory of temptation investigation, choosing the concept and characteristics oftemptation investigation as the breakthrough point, analysing the legitimacy andvalue of temptation investigation, explaining the significance the regulation oftemptation investigation in China. The second chapter mainly compares thelegislation of investigation about the temptation investigation between continentallaw system and Anglo American law system, and analyzes the future development trend of temptation investigation in international community. The third chapterdescribes the status and problems of temptation investigation in China. The fourthchapter explores legal regulation of temptation investigation in China, and seeks toestablish a temptation investigation system suitable for China’s society whichincludes the principle of the temptation investigation, the conditions and procedure ofstarting the temptation investigation and the relief of illegal temptation investigationin China. The conclusion part summarizes the full text.