Research On Temptation Investigation In Administrative Law Enforcement

Administrative investigation acts has plenty of manifestations,but there is no doubt,the phenomenon of administrative temptation investigation is the most controversial one as well as the most concerned one by the public.The phenomenon of administrative temptation investigation has a variety of titles,such as “Trap Enforcement” or “Luring Investigation” in the theoretical field,but it's most well known as “Entrapment” by the public.Its behavior is similar to the “Trap Reconnaissance” in criminal procedure or the “Trap Evidence” in civil suit,but the difference between them is that the concept of "administrative temptation investigation" has not been accepted by the majority of administrative theory field due to the lack of relevant legislation.The phenomenon of administrative temptation investigation does not belong to the conventional method of administrative investigation and evidence collection,but only a non-standard phenomenon that often appears in administrative law enforcement practice.However,it is undeniable that the administrative temptation investigation as a factual way of administrative investigation.With the huge society progress,the administrative agencies faces many unprecedented administrative problems,and the difficulty of investigating also increases at the same time.Administrative agencies found it's often difficult to achieve results with routine surveys,but administrative temptation investigation can makes it more easier to obtain sufficient evidence.That's one reason why administrative temptation investigations are applied more and more frequently by the administrative agencies.However,the lack of the relevant legislation and the particularity of the behavior itself often makes the behavior on the verge between legal and illegal.Without proper regulation by the law,makes it easily to be abused.Which makes it not only failed to achieve the purpose of safeguarding the interests of the public,but also brought huge damages to the credibility of the government.This article first examines whether the administrative temptation investigation satisfies the basic principles of administrative law,and further explore the legitimacy of the evidence that obtained during the administrative temptation investigation.Second,by contrasting the administrative temptation investigation with the civil traps and criminal temptation behaviors which has already partially approved by the theoretical field,it is necessary to find out whether there is realistic rationality between these behaviors.After that,put forward reasonable suggestions in terms of legislation and law enforcement supervision,then explores how to regulate the temptation investigation phenomenon in administrative law enforcement.And try to provide the relatives a powerful remedies approach to protect their legal rights and interests,try to achieve that “contradictions occurs in the administrative agencies and solves in the administrative agencies” as far as possible.Finally,to the administrative temptation investigation cases which have already caused the damage consequences,make sure that enough and timely compensation are given to the relative person through the state compensation system to make up for the unfair treatment they have suffered.