Research On Legal Regulation Of Inductive Investigation

With the development of modern technology, the crime means is modifying, too. Some new types of crime are very stealthy and well organized, such as drug trafficking, internet fraud, prostitution, bribery, counterfeiting of currency. The criminals often have a strong anti investigative techniques, which traditional detections could not cope with. Because of this, being implemented by the body has the right of investigation based on their function within a certain competence, temptation as a means of detection has been used in some special criminal cases to prevent and combat crime. However, in our country the status of this investigation has not been clearly defined. In judicial practice the range and procedure of temptation investigation are still very indistinct, which in my opinion, should be clearly defined in legislation.In this paper, we mainly discuss about the regulations of the legal system of temptation investigation. By clarifying the differences between temptation and other similar concepts and analyzing the Entrapment legislation and practice in developed countries, we can draw the conclusion that temptation investigation is a double-edged sword, if properly used, twice can be achieved with half the effort; if abused, it will compromise the judicial justice of our country, therefore we must be very careful when making use of it. Here we will further explain this in four aspects.In the first part, we introduce some basic concepts of temptation investigation and the necessity of its application. The history of this detection is presented first; from the analysis of the definition and characteristics of this investigation, the practical significance is presented and then concepts of temptation, police trap, secret investigation and special circumstances investigation are differentiated. By elaborating the issues related to the theory, we can grasp the nature of this investigative technique more precisely and comprehensively. And next, we analyze the behavioral characteristics of temptation investigation. The necessity of Regulation of the Encouragement in the legal system is raised after the introduction of the two theories, both positive and negative, so we can finally define temptation investigationIn the second part, we compare the Inductive Investigation among many countries, and present the inspiration of it. With analyzing the common laws of Inductive Investigation obeyed by several representative countries, we can give a basic definition of temptation investigation on the theoretical level.The third part is generally about the existing system of temptation investigation. From the current situation of regulation and application of The Inductive Investigation, we emphasize many practical problems that happened during the execution of Inductive Investigation. For example, it is used arbitrarily; it is not under proper supervision; the remedy measures are not perfected, etc. so the necessity of the regulation of Inductive Investigation is raised.The fourth part is the emphasis of this paper. After analyzing the basic principles of the process during constructing the regulation, we raised certain concrete suggestions of it. The basic principles include the following issues, the necessity, purpose justification, reasonable doubt, the principle of due process. On this basis, Recommendations on how to clear the main applicable for objects for scope, procedures and legal remedies to control several aspects of specific proposals regulation are presented.