On The Standardization Of Temptation Investigation In Drug Cases

In recent years,drug problem is increasingly serious and the situation of how to prevent and control the drug problem seems to be more urgent than any other times.Due to its unique characteristics of crime,such as the place of crime is covert,criminals have some mobility,These makes the drug investigation and detection more difficult.As a secret investigating way,encouragement take the advantage of confidentiality,initiative and seductive,which make the traditional means difficult to quickly solve the case.Encouragement is a secret means of investigation so as to get the criminal proof during the detecting process in some important and difficult criminal cases,that the investigator seduce the suspect to commit the seduced crime and be captured on the spot.Despite what type of encouragement,the investigator grasp the initiative and seduce to commit in order to capture the suspect and solve the case.In different view of encouragement,it can be classified into certain types.The typical category divide the encouragement into the criminal has predisposition or plan to commit crime and the government or the seduced give the conditions and opportunity which crime need.Combining with the practical experience of foreign legislation,they take negative attitude toward the illegal encouragement(trap of police),whereas take positive attitude toward the legal encouragement.Two law families sho’w the tendency of recognizing the legality within limits and making use of the encouragement during the process of drug-related cases.In present Chinese legal system,the encouragement is authorized.Meanwhile there are exist several outstanding problems,which include the shortcoming and vague of the articles of the law,poor validity of the regulatory documents such as the meeting summaries.Lastly,focusing on the substantial condition,procedural condition and the legal responsibility of the illegal encouragement,the article offers some suggestions on the perfect measures during the detective process of drug-related cases.We only apply the encouragement to the criminal cases that the ordinary detective ways can not be solved.The applicable object of the encouragement is the criminal has predisposition or plan to commit crime by the reasonable basis or facts.Principle of proportionality should apply to the detective process.In order to avoid abusing the public power,we should set up the regulatory approvals,strengthen the inside and outside supervision system,and empower the defendants’ rights of citizen.