On The Limited Application Of Administrative Temptation Investigation

In the Shanghai entrapment incident of 2009, there are serious violations of administrative law enforcement personnel, so that the temptation investigation suffers intense criticism. Compared with the traditional investigation, the temptation investigation has played an irreplaceable role for the effective handling of some special kind of administrative illegal behavior. That causes the temptation investigation being admitted in a certain extent besides being widely questioned. The domestic scholars do not have a unified theory on the temptation investigation. We need to deepen the research on the temptation investigation. It not only has a certain theoretical value in controlling and regulating the temptation investigation and developing related studies,but also is very useful to insure the effective operation of the temptation investigation.This paper starts with the definition of the temptation investigation and its classification and characteristics. This paper analysis the rationality and legitimacy of the temptation investigation and the problems in actual operation. Therefore this paper put forward some assumption to structure the law system of our country.This paper argues that, as an unconventional kind of administrative investigation, the temptation investigation is used by Subject of administrative to investigate that kind of complicated or concealed administrative violations, with concealing their true identity. It provides conditions and opportunities specially designed in a strict permission of Law for the implementation of illegal behavior, in order for Subject of administrative to collect the relevant information and evidence. The practical need for the temptation investigation is the difficulty of collecting evidence and the dilemma of Law enforcement. The temptation investigation has high profit and high risk at the same time, so it should be limited. Specifically, the limited "opportunity-providing" kind of temptation investigation can be accepted, on the other side, the "dolus-luring" kind should be strictly prohibited. In order to solve the problems in actual operation, the enabling condition, applicable subject, scope of application should all be strictly controlled. The appropriateness of the temptation investigation should be strictly judged, and the procedure should be strictly set too. It is also necessary to establish the procuratorial supervision system and strengthen administrative subject’s burden of proof.