Legal Issues Research Of Temptation Investigation

Police Entrapment is accepted by the world legislation and judicial practice. But whether it is in the common law countries, or civil law countries, the temptation investigation issue has been clouded in controversy. Investigative techniques and traditional investigative in the investigation of cases encountered a severe test, so the temptation investigation as an effective means of investigation of cases in our investigation practice play an important role. Our current drug-related crimes have become increasingly prominent, the investigating authorities forced the need to combat crime, the practice has begun to lure widely used methods of investigation.Practice of not less applicable temptation investigation, the application is quite extensive, but the legislation has been virtually nonexistent. Until 2013, the "People’s Republic of China Criminal Procedure Law" only with their legislation, namely Article 151 provides the legal term "incognito embodiment investigation", "controlled delivery", etc.whereby infer that the provision contains a temptation investigation measures, but in 2013, "People’s Republic of China Criminal Procedure Law" Article 151 does not continue to temptation investigation carried out detailed provisions, applicable conditions of temptation investigation, the scope of the legislation still belongs to blank. Lack of legislation will inevitably lead to the existence of practical problems,because the healthy functioning of any social system, are inseparable from the internal balance and external constraints, and the public is closely related to the fundamental rights of the criminal investigation system, but in need of such checks and balances and constraints while there is a certain temptation investigation investigative techniques as a risk, it is required to implement more effective means of control of their constraints, so the temptation investigation of the urgent need for institutional building of the system, so that the temptation investigation special investigative techniques really into the legal track.Based on the domestic and international legislation and practice of Entrapment, it focused on the temptation investigation of the substance of our shortcomings and Entrapment in the legislative and judicial practice, and concludes with recommendations for legislation to improve the temptation investigation.