Temptation Investigation Under Views Of Human Rights

There are many problems which are unable to avoid in the process of using temptation investigation.Every coin has two sides.On the one hand,the judicial practice prove that this is a kind of low cost,direct and effective means of detection,and also play an important role in crime control.On the other hand,temptation investigation may challenge and threat to human rights.Discussing temptation investigation with human rights is the inevitable requirement of criminal judicial civilization,democracy and progress.Temptation investigation conflict with many human rights,such as the right of personal liberty,privacy right,fair trial right,and also property rights.Seeking balance between needs of the detection practice and human rights protection is the solution to solve the conflict.The goals of the United Nations' criminal judicial criterion are to achieve judicial justice,guarantee basic human rights and control crime growth,maintaining the order of society.And there is considerable tension between the two,thus keeping the moderate balance between these two goals is the challenge for the countries all over the world.At present,one judicial principle accepted by international society is that controlling crime or establishing order cannot be at the cost of judicial justice and basic human rights.The purpose of the criminal procedure law of our country is to achieve the crime control and human rights protection,which is in accordance with United Nations criminal judicial criteria,however,there were contradictions between the two.In order to keep the balance between these two,both Crime control and human rights protection cannot be ignored.As to be able to realize a relative balance,both need to make some sacrifices and cession.The balance of the two is not fixed but dynamic,only in this way can resolve conflicts in the process of using temptation investigation.In particular,to realize the temptation investigation legalized,the investigation power constraint is an effective way of guarantee human rights in the investigation procedure.The legislation of temptation investigation status at the present stage in China is not able to provide standards for the operation in judicial practice.How to judge the legitimacy of temptation investigation is always a main problem in the process of the research of temptation investigation,however,there is still no unified legitimacy standard of temptation investigation.Each judgment standard and method has its rationality.Considering the advantages and disadvantages of different legal standards and our country judicial present situation,mixed standard appear more fair and reasonable.About how to perfect the temptation investigation system in our country,starting from the procedural control and put limit on the temptation investigation subject,scope of application,start,supervision and so on.The other important issue is considering what kind of sanctions should be use to against illegal temptation investigation acts and relief those who suffer from illegal investigation.Through our existing system and judicial practice,concluded that illegal evidence exclusion of procedural sanctions shall be taken for "mens rea lure type" temptation investigation,which can make the trail fair.For the mens rea fortified temptation investigation,relief the defendant from sentencing might be more reasonable.