A Study On Legal Regulation Of Administrative Temptation Evidence Obtainment

In the field of administrative law enforcement, administrative violation cases increasingly show characteristics like invisibility, complex, mobility and the application of administrative temptation evidence obtainment presents a trend of expansion. There are many cases about administrative temptation evidence obtainment coming up during administrative law enforcement,especially the “Sun Zhongjie” case in Shanghai, 2009, which makes administrative temptation evidence obtainment turn into public view, results in an extensive discussion in social circles,attracts widespread attention and has been brought to a new historical height.This paper is divided into five chapters, proposing a deep discussion and analysis of administrative temptation evidence obtainment. From the theoretical definition of the relevant departure concepts, the first chapter describes the temptation evidence obtainment and the concept,characteristics, classification of administrative temptation evidence obtainment, making a brief introduction and arrangement to the basic theory. The second chapter discusses the premise of the legal regulation of administrative temptation evidence obtainment, deeply analyzes the necessity and rightness of the existence and application of administrative temptations evidence obtainment,and deeply explores the feasibility of using administrative temptation evidence obtainment. The third chapter refers that the point of the legal regulation for administrative temptation evidence obtainment is all about the controlling of its legality and appropriateness. The right of administration temptation evidence obtainment must be given moderately, ensuring legitimate and appropriate use of administrative temptation evidence obtainment, preventing and controlling that administrative temptation evidence obtainment is abused and torture issues occur. Then this chapter analyzes the scope and conditions of the administrative temptation evidence obtainment.The fourth chapter sorts out the status of legal regulation for administrative temptation evidence obtainment, describes the status of the legislation on administrative temptation evidence obtainment, points out the current practice difficulties of administrative temptation evidence obtainment in China and analyzes the reason why administrative temptation evidence obtainment exists in large amount in practice. The fifth chapter points out the path of legal regulation foradministrative temptation evidence obtainment. Through confirming the applicable rules of administrative temptation evidence obtainment, improving enforcement procedures, strengthening the law enforcement supervision and protecting the legal interests of administrative counterparts,the application of administrative temptation evidence obtainment should be regulated rightfully and legally. Thus, we can protect legal rights and interests of administrative counterparts while investigate and punish administrative violation behaviors in a better way.