Study On The Practice Of Tempting Investigation

The temptation investigation is a double-edged sword,and once the temptation investigation is abused,it will have negative effects such as inducing others to commit crimes,causing the infringement of the basic rights of innocent people,and causing the judicial credibility to decline due to false or wrong cases.Therefore,the application of reasonable restriction of temptation investigation is the key content of current judicial practice.Taking the current situation of China's temptation investigation as an entry point and taking the criminal judgment of the Chinese referee's document network as a research sample,Through the investigation,it is concluded that the temptation investigation is applied for a long time,the temptation investigation is applied to a wide area,and the temptation investigation is applied to a high frequency in judicial practice.It can be seen that the main body of temptation investigation is mainly investigators,the scope of temptation investigation is mostly drug crimes,the types of temptation investigation are different,and the knowledge and handling of temptation investigation are different.It is an important feature in the current situation of temptation investigation.Analyzing available,The practical problems of temptation investigation are: the confusion of subject and scope of application of temptation investigation,the failure of temptation investigation initiation and supervision mechanism,seduce investigation courts to examine and determine indiscretions,the temptation investigation of the defendant's right of defense,the imaginary of the right to know,and the absence of the illegal temptation investigation and punishment mechanism.The reason is that one is incomplete and immature normative guidelines;The second is the unreasonable and unfair system support;The third isunhealthy and incorrect concept guidance;Fourth,the inaccuracy and incoherence of theoretical suggestions.The problem of inducement investigation should be solved by improving the legal norms,improving the judicial system,transforming judicial ideas and improving theoretical suggestions,and targeted measures should be taken according to the different types of problems existing in inducement investigation in practice.It should be carried out from the following aspects: First,strictly control the application of temptation investigation;The second is to perfect the mechanism of initiation and supervision of temptation investigation;The third is to clearly identify the criteria for the legality of temptation investigation;The fourth is to guarantee the right to know and defense of the defendant;Fifth,establish a punishment mechanism for illegal temptation investigation.