On The Legal Regulation Of Temptation Investigation In China

Since the reform and opening up,with the rapid development of science and technology in China and the richness and growth of national knowledge,modern many increasingly to conceal,organized crime,such as drug crimes and terrorist crime,to the traditional method has brought serious challenges.To solve such problems,more and more used in judicial practice in China this special means of enticement.But temptation investigation is a high risk of detection means,the use of improper,there are violations of human rights,trample on judicial justice.And our country law has not to make a better system arrangement,temptation investigation until the 2012 revision of the "criminal procedural law"(hereinafter referred to as"new" criminal procedural law "unified)for the first time officially recognizes the legal status of temptation investigation,but is confined to a single section 119 words in general,the rules of the fuzzy,temptation investigation in China for a long time accumulation of applicable scope,procedures,supervision,right relief and so on is still in the absence of an effective system arrangement.Blank of the legislation of easily lead to chaos in the judicial practice,therefore,in urgent need of temptation investigation in China regulation and law system perfect,make it within the orbit of the rule of law in legal operation.Based on the legal regulation means of temptation investigation in China as the goal,through the basic theory,present situation investigation,the scope of investigation,thinking regulation in our country,a total of four parts,to expand the temptation investigation system in our country legal regulation discussed and Suggestions:The first part,the author defined the concept of temptation investigation,analyses the connotation and extension of the temptation investigation,put forward a rational definition of concept of temptation investigation of his own ideas,then the temptation investigation and the investigation of traps,undercover investigation is to distinguish and several adjacent concepts,such as through the temptation investigation related characteristics accurately,and classifying the basic form,in order to realize the comprehensive indexes of the nature of temptation investigation purpose.The second part,the author around the investigation and analysis on the current situation of temptation investigation in China,successively for the legislation of temptation investigation in China the status quo and the present conditions of the judicial practice,temptation investigation system in China,analyzes the existing legislation of general fuzzy,broad range of optional,absence of supervision,relief of cases the main problems of five aspects such as blank,reflects the temptation investigation the status quo of chaos in our country,as well as the necessity of legal regulation and perfect.The third part,the author using comparative analysis method,starting from the problem of temptation investigation system in our country,in Britain,the United States,Germany,Japan two big law system country under the rule of law mainly about the advanced legislation and practice of temptation investigation system,trying to find the available for reference,the solutions to the crux of temptation investigation in China,in order to help the improvement of the system of temptation investigation in China.The fourth part,it is a focus of attention in the full text.The author to construct conforms to our country actual temptation investigation system as the core,first proposed the use should stick to the basic principles of temptation investigation in China,the temptation investigation system in our country to build and perfect the overall grasp.Then,the author respectively from two aspects of legislation and judicature in our country,put forward his opinion of legal regulation of the temptation investigation in the future to gain the improvement of the system of temptation investigation.