A Research On Due Process Rules Of Temptation Investigation

Temptation investigation is a kind of investigation method that comes into being under the trend of intelligence,concealment,organization,and complication of criminal means.It is a kind of secret investigation method that distinguishes it from police entrapment and controlled delivery.The first chapter of this article mainly distinguishes the concept of temptation investigation from the police entrapment and controlled delivery,and analyzes the value basis of temptation investigation,that is,the necessity of the temptation investigation and the legitimacy of jurisprudence.The second chapter of this article mainly distinguishes that if not regulated the temptation investigation and exceed the necessary limits,it will brings too many negative effects.Therefore,temptation investigation should be appropriately limited.The third chapter of this article mainly analyzes the due process regulations,the scope of application,judicial review standards,and legal consequences of the temptation investigation.The starting conditions of the temptation investigation should conform to the principle of necessity.In addition,the starting entity of the temptation investigation and the approval procedure for initiation must be restricted.In terms of the scope of application,this article analyzes the applicable subjects of the temptation investigation and the range of applicable cases.Judgment criteria for judging,this article is divided into two levels to judge the temptation investigation,the first is to determine the criteria to distinguish the temptation investigation and police entrapment.When the behavior of the investigative organs constitutes the temptation investigation,it will evaluate whether the act belongs to the legal temptation investigation.In terms of legal consequences,this article analyzes the three aspects of the legal consequences of investigative traps,the legal consequences of temptation investigations that exceed legal standards,and the legal responsibilities of investigative agencies.