Study On Inappropriate Enticing Investigation And Criminal Liability Investigation

In recent years,means of criminal offence tend to be more covert and more complicated.In the process of investigating some hard cases,in particular,conventional investigative measures and methods have been facing new challenges and tests.Enticing investigation,as a special investigative means,has been widely given attention and recognition.However,there haven't been any specific legislations or unified theoretical system for enticing investigation.Therefore,there are spaces to conduct research and make improvement on issues such as legislation of enticing investigation,especially the definition of inappropriate enticing investigation,and criminal liability investigation.Based on practice of normative investigation and enforcement,this essay studies definition of legitimate and inappropriate enticing investigation as well as criminal liability investigation on those responsible when inappropriate enticing investigation is involved.Enticing investigation is of special and positive value to achieve functions of Criminal Law to maintain social order,safeguard people's rights and complete criminal persecution,which can't be substituted by open investigative means.Based on research findings both at home and abroad together with fundamental principles of criminal law and relevant laws and regulations in our country,this author tries to explore the possible inappropriate aspects in application of enticing investigation and criminal liability investigation on different subjects involving inappropriate enticing investigation.This essay includes three parts: the definition and history of enticing investigation;the study on appropriate and inappropriate enticing investigation and criminal liability investigation on subjects involving inappropriate enticing investigation.Owing to the confidentiality required by investigation institution,enticing investigation is normally classified,which makes it difficulty to study or get relevant cases and statistic data.Therefore,this essay lacks sufficient data support." Dichotomous approach" of enticing investigation is adopted in this essay and parochialism could be in the perspectives of this essay.Lacking of investigation experience,the author is unable to cover everything in this essay.