Drug Crime Cases Applicable Law Of Temptation Investigation

Temptation investigation, as a special means of detection, effectively in the fight against drug crimes in the countries all over the world has made remarkable achievements. In recent years in the fight against drug crimes in our country, the investigation organ also take more temptation investigation means to help drug crime cases. But due to the imperfection of legislation in our country, makes has long been the temptation investigation techniques appropriate to the drug crime cases has many problems. After the new "criminal procedural law" promulgated, temptation investigation on drug crime made of deficient regulation, but there are still many parts need to be careful. This article through studies the United States, Germany, on the temptation investigation of drug crime cases, the relevant provisions of the analysis due to the imperfect legislation in our country has made at the time of temptation investigation techniques appropriate to the drug crime cases has many problems, and puts forward related Suggestions, solve the drugs.The first part discuss the drug cases for the necessity of temptation investigation in China.Define the drug crime cases of temptation investigation some basic theoretical issues;Points out that the temptation investigation due to its own character of deceptive, suggestive of innocent citizens do not have a criminal intention extremely easily cause violation of the legitimate rights and interests, according to the situation investigation organ at the time of temptation investigation techniques appropriate to the drug crime cases of case scope, investigation should be perfected in such aspects as the subject, the object of investigation of laws to regulate;As a typical "secret without the victim of the crime, drug crime cases has particularity, there is no clear concrete at the scene of the crime, it is difficult to obtain evidence and so on.In addition, with the increasingly rampant drug crime cases, temptation investigation approach to detect drug cases become inevitable trend.Extraterritorial applicable law about the temptation investigation of the second part introduces general situation, main discussion for drug crimes in the United States and Germany law of legal regulation of the temptation investigation, and to improve the drug crimes in our country law applicable to get some Revelations of the temptation investigation.The third part analyzes the legislation present situation of drug crime cases of temptation investigation in China and the problems of applicable law, including: ourcountry law on drug crime cases temptation investigation specification is not perfect;Applicable scope of temptation investigation of drug crimes are not clear;Drug crime the main body of temptation investigation, suitable objects are not clear;Temptation investigation lack of effective supervision and control regulations;The illegal and the consequences of temptation investigation not clear.The fourth part puts forward the temptation investigation drug crime cases in China the improvement of the problems encountered in the applicable law. In the third part proposed about the temptation investigation drug crime cases in China the problems existing in the legal application, for example, clear the applicability of temptation investigation cases and so on are proposed.