Research On Tempting Investigation Systemin In Criminal Procedure

Tempting investigation, as a method that only can be used under certain condition, has unparalleled advantages over traditional means in cracking some difficult and major criminal cases. Therefore, such method has long been recognized in many countries and put into practice cases. However, legitimate interest of people being investigated may easily be infringed when tempting investigation being improperly used by investigators. For this reason, countries and regions that implement tempting investigation would stipulate his method through statute law or case law. In recent years, with our country’s criminals are becoming increasingly intelligent, covert, violent and gang-oriented, traditional investigative means are difficult to meet the needs of punishing crimes. The prominent advantages of using tempting investigation in uncovering some special crimes make investigators be willing to use it and put into practice cases gradually, and even in some cases the tempting investigation has become the preferred method. But compared with foreign countries, the tempting investigation has not yet confirmed as a legal right in our country’s legislation, leading to a long period of "implemented outside the law". It was until2012when our country modified Criminal Procedure Law by officially writing tempting investigation into law regulation. However, the revised provision relating to tempting investigation in Criminal Procedure Law is relatively simple and fuzzy, which implies that our institutional system in reasonable tempting investigation still remains to be unsound and more researches need to be made to perfect the system.This paper is divided into four parts, introduction of the basic theory of tempting investigation system, analysis of problems in the use of tempting investigation in China, study the theory and practice of other countries’ tempting investigation system and then explore the improvement of basic ideas and judicial operations of tempting investigation in China.The first part, overview of the basic theory, mainly discusses the concept and features of tempting investigation, and analysis, classification and the pros and cons of related concept. It points out the features of tempting investigation that differs from the traditional investigation method, analyzes the differences and connections between some related concepts such as tempting investigation, controlled delivery and undercover investigation, classify tempting investigation according to whether the object being specific and the investigators behavior and ascertains type of applicable tempting investigation in practices to guarantee its legitimacy.The second part introduces the current situation of the legal regulation and judicial practices of the tempting investigation in our country, pointing out problems such as the legislative deficiency existed in tempting investigation and lack of legal norms and guidance; applicable subject and object being unclear, with a wide scope of application and lack of reasonable restrictions; applicable procedure being irregular as the tempting investigation can be started randomly without good supervision and no relief measure for illegal applied tempting investigation. These problems could be very helpful for our country to perfect the tempting investigation system.The third part, by using method of comparative study, focuses on the basic pattern and operation experience of tempting investigation system that already existed in countries of the world’s two law systems such as United States, Germany and Japan, as well as the important implication for our country to build such a system.The fourth part, referring to beneficial experiences of tempting investigation in foreign countries and combining with the current situation of tempting investigation system in our country, expounds the basic principles which shall be followed in the application of tempting investigation and explores the legislation conception and practice regulation of tempting investigation in our country in terms of applicable condition, scope of application, subject of implementation, procedure control and relief of illegal tempting investigation.