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Research On Problems Temptation Investigation

Posted on:2016-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:C XiFull Text:PDF
GTID:2296330461454636Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Temptation investigation refers to the criminal investigation authorities for the detection of crimes that have occurred or with the assistance of non-investigators, to be tempted to induce people to use means to promote the implementation of the criminal investigation authorities are tempting Scheme crime and criminality in the implementation process the investigation or enforcement measures taken after the crime has been tempting for a non-traditional way of Criminal Investigation. With the development and progress of society, complex criminal cases also showed the trend of development, such as drug offenses, bribery crime and cybercrime line and other highly covert, strong organizational crimes frequently. The temptation investigation played an unparalleled role in addressing these complex and difficult criminal cases.Conflict as a way different from the traditional criminal investigation of the investigation, the investigation is a temptation to include both positive value but also contains a negative value of the combination. Its positive value as follows: to make up the traditional passive investigation of many defects and efficient crime control, conservation of judicial resources. Its negative value as follows: violations of civil liberties and privacy will, contrary to the purpose of criminal proceedings. Despite the temptation of investigation in the field of criminal justice has a significant negative impact, but it is precisely because of its more traditional investigation has obvious advantages, which in today’s emphasis on judicial efficiency, the temptation investigation has been widely used in all types of criminal cases the investigating authorities the investigation process.In Western common law countries and civil law countries, the temptation to complement and complete investigation after decades on the legal level, the group has become a very sophisticated legal system. On the contrary in our country, temptation investigation did not form a complete legal system, problems still exist. Regrettably, in addition to the newly revised "Code of Criminal Procedure" in Article 151 trap investigation done on the principle of regulation, the legislative level in our country could not find any direct Police Entrapment involves regulation of content of normative documents. Therefore, the case has not been established and the formation of a complete specification temptation investigation system in China, the practice of the above Western countries can detect and regulate the establishment of reference and inspiration to play a key role in the law for our temptation.
Keywords/Search Tags:temptation investigation, value analysis, legal regulation
PDF Full Text Request
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