Argumentum Construct Of Temptation Investigation In China

The Temptation investigative measures, is the investigation of an important means in the country’s judicial practice for some of the traditional investigative measures can not solve difficult cases the effect is very significant, especially in drug-related crimes in the use of relatively mature, which for our temptation investigation System in legislation to provide a valuable experience. January1,2013the formal implementation of the " Code of Criminal Procedure " is not only the form of legislation is certainly a temptation investigation system in our country’s legal status, and practice related issues such as how to operate makes provision. This Police Entrapment in the development and improvement of our country is undoubtedly a major step forward. But China’s current " Criminal Procedure " on Temptation Investigation relevant legal regulations, but far from enough. Relevant judicial interpretation and implementation details have yet to be promulgated sector improved in practice, the situation appears Encouragement abuse there. This paper intends to Police Entrapment brief summary of relevant content, and the relevant provisions of a comparative study abroad, trying for our country in the legislation and practice problems to provide solutions and recommendations to the legal aspects of the investigation against the temptation to standardize and fine provision of research, thereby reducing the practice of abuse cases in order to protect the human rights of suspects in order to enhance the credibility of justice.This article includes the conclusion of five parts to discuss the above issuesThe first part is Entrapment overview. Mainly on the concept and classification of Encouragement for carding. Entrapment broad and narrow sense, from a different perspective, you can make them different divisions. Encouragement to grasp the concept and classification, not only conducive to academic research, but also to provide guidance for the practical applicationThe second part is the necessity of Police Entrapment analysis, mainly from the legitimacy of Encouragement, Encouragement and civil rights conflict and balance and Entrapment regulation three-pronged analysis to prove the necessity of the presence EncouragementThe third part is the introduction of Police Entrapment Situation and disadvantages. Introduces the relevant Chinese Entrapment relevant requirements, including the country’s legal requirements for Entrapment, departmental regulations, local file and the current judicial status; under the current system, a brief analysis of the problems.The fourth part is mainly abroad Police Entrapment related theory and legislation. Including the common law system Encouragement formation and development, has introduced an overview of the UK Police Entrapment, the United States Entrapment institutional development and improvement; civil Police Entrapment Legislation Overview, mainly in Germany, is a typical, Japan as Asia’s civil representative.The fifth section is for the construction of Police Entrapment and reflection. Encouragement from the implementation of the main clear, the scope and application of the object; determine legality standards; temptation investigation on illegal processing and other aspects of the defendant’s right to relief for Legal Regulation, in order to improve the system of legal provisions Entrapment recommendations.