Discussion On The Cognizance Of Intentional Inducement In Temptation Investigation

In recent decades,due to the increasingly severe crime situation in China,traditional investigative methods have encountered severe challenges in detecting these new types of special cases.Temptation investigation has become the primary choice for detecting criminal cases with greater concealment.The illegal temptation to conduct investigations such as the investigation to conduct excessive Temptation by the investigative authorities during the investigation often leads to crimes committed by innocent people.In most of the temptation investigation cases in our country,the defendant often lodges a defense for swindle,the judge makes a referee and confirm on whether any intentional inducement here or not.However,in the judicial practice,there have been many problems in the cognizance of intentional inducement,which makes it impossible to obtain a fair and objective treatment of temptation investigation.The cognizance of intentional inducement is related to the defendant's rights and the authority of the judiciary.The construction of rules of cognizance of intentional inducement is of great significance to the practice of the cognizance of intentional inducement in temptation investigation in China.This article is divided into four parts,a total of 32000 words.Through the discussion and research on the cognizance of intentional inducement,the author finally proposes some suggestions on the construction of rules of cognizance of intentional inducement in China's temptation investigation.The specific studies are as follows:In the first chapter,this chapter mainly describes the status quo of cognizance of intentional inducement in the current temptation investigation in China from two aspects.With regard to relevant documents,China's existing legal provisions concerning the Guilty Attraction Regulations are mainly found in some relevant documents promulgated by the judiciary,and the provisions of the formal statutory law on the cognizance of intentional inducement are almost blank.In judicial practice,the criteria for cognizance and proof of liability for intentional inducement vary.In the second chapter,this chapter has analyzed the deficiencies in the cognizance of intentional inducement in China's temptation investigation in close connection with the first part of the content.These include the court's ambiguous attitude of affirmation,the lack of recognized legal provisions,inadequate reasoning,and thee lack of the evaluation of investigative action and the clarity proof of the distribution of responsibilities.In the third chapter,this chapter mainly introduces the criteria for judging the intentional inducement in the extraterritorial domain,and describes in detail the theoretical or realistic status of the intentional inducement rules in the United States,Britain,Germany and Japan.In the fourth chapter,the author draws lessons from the extraterritorial experience and examines our country's practice in the last chapter,and proposes suggestions for improving China's rules of cognizance of the intentional inducement in temptation investigation.This chapter mainly perfects the rules from three aspects:proof of duty,principle of cognizance,and criterion of cognizance.First of all,in terms of the burden of proof,the author believes that when the defendant proposes a defence for intentional inducement,he should provide clues or information for the guilty inducement at the same time so that whether the intentional inducement has existed becomes a controversial fact.The prosecutor proves that there is no intentional inducement,including proof of proper temptation investigation a criminal tendency of defendant's.In terms of the principle of cognizance,the author believes that the court should follow the principle of neutrality,full cognizance,clear attitude,principle of causality when deciding to swindle.Finally,the author has refined the criteria for the cognizance of intentional inducement in order to enter into judicial interpretation and the department's internal code of conduct to guide the specific practice.