On The Judicial Control Of Temptation Investigation

Modern crime has high concealment and complexity,and the traditional mode of criminal investigation has not fully adapted to the needs of the fighting of modern criminal.However,temptation investigation measures in the fight against modern drug crime,smuggling,prostitution we see wonders,as a result,this kind of secret investigation from the traditional way of investigation means more get the welcome of investigation organ,its use also more and more widely in investigation practice.However,the bad influence of temptation investigation to infringe on the legitimate interests of citizens has been constantly exposed with the extension of its application,which has aroused strong public condemnation.How to regulate the temptation investigation behavior and how to strengthen the judicial control of the temptation investigation become the focus of judicial practice and theoretical research.Throughout Britain,the United States,Germany,France and development of temptation investigation system,can be found in the affirmation,extension temptation investigation at the same time,continuously strengthen the regulation of the judicial organs apply to temptation investigation.Although article 151 of the code of criminal procedure has a simple regulation on the application of temptation investigation,there are still legislative defects in the supervision and control.Therefore,this paper,through the analysis of the current situation of the judicial control of the temptation investigation,combined with the development experience of the extraterritorial temptation investigation system,puts forward some suggestions and considerations on the regulation of temptation investigation.This paper expounds the basic theory of temptation investigation in the first part and analyzes the connotation of judicial control of temptation investigation.In the second part,the author discusses the legislative and judicial control of temptation investigation,and analyzes the theoretical basis and practical needs of the temptation investigation.In the third part,the development course of the temptation investigationsystem of Britain,America,Germany and France is analyzed,and the experience and reference of the temptation investigation of judicial control are sought.In the fourth part,the author puts forward the macroscopic principle regulation and specific methods.