The Research Of Enticement Investigation In Drug Crime Cases

Temptation investigation measures have the advantage that traditional investigation measures are incomparable in solving of some difficult and complicated major cases,especially drug-related crimes.Therefore this investigation measures have been recognized and put into practice in the detection of multiple difficult cases in many legal states nowadays.At present,the attitudes of the legal states to temptation investigation measures present two extremes: on the one hand,it is necessary to allow the use of temptation investigation measures based on the effectiveness of judicial considerations,and on the other hand,it is anxious about the possibility of legal rights infringed by illegal temptation investigation measures.So the consequences of temptation investigation measures have to be imposed more strictly than other investigative measures.This paper intends to use the existing theory of temptation investigation measures,analyze 100 relevant judgments and take the way of empirical research through the combination of theory and practice.The study will be discussing from the perspective of temptation investigation in drug crime cases,which combined with the current situation of temptation investigation applied in practice in China.It will be discussing from three perspectives:investigative organization,the judicial organ and the lawyer,exploring the main problems and deficiencies and proposing the basic ideas for perfecting the temptation investigation system in China.In addition to the introduction,the paper is divided into three parts,totaling about 35,000 words.The first part is an overview of the temptation investigation in drug crime cases.It mainly includes four parts.The first is to elaborate on the concept of temptation investigation.The temptation investigation should have a neutral meaning,and its concept should be a special investigation measure with the words“related person”,“hidden identity”,“strategy”,“designed setting” and “making opportunity”.The second is the classification of the types of temptation investigations in drug crime cases.It should be clarified that temptation investigation can be divided into three models:“enticement of criminal intent”,“enticement of quantitative ” and “ chance offering ”.The third is to review the current laws and regulations related to temptation investigation in drug crime cases in China,and to explain why it is necessary to take temptation investigation in drug crimes and its necessity for the last part.The fourth is to interpret the meaning and value of the application of the temptationinvestigation and clarify its legitimacy.Standardizing the use of temptation investigation can guarantee the justice and authority of the judiciary,while at the same time safeguarding human rights and avoiding the abuse of power.The second part sorts out the practice of using temptation investigation in drug crime cases in China at present.First of all,organize and combine specific cases for key analysis.The current situation of the application of temptation investigation in China can be said to be more generally recognized.The author adopted the judgments published on the China judgments online from January 2,2018 to December 28,2018,with the words “drugs” and“tempt” as the key words,tanking the first-class case was “criminal case” with the result of2036 cases.According to the chronological order,115 cases ranked on the first 12 pages were intercepted,and the 100 judgments related to the temptation investigation were analyzed.After analyzing the judgments,the main problems and causes at the current stage are summarized from the perspectives of the investigative organization,the judicial organ and the lawyer.The main problems of the investigative organization are the uncertainty of applying the object of temptation investigation,the frequent use of "informant",the lack of supervision and the weak sense of evidence collection cannot form an objective and complete evidence chain.The judicial organ is mainly characterized by the non-standardization of the identification criteria for temptation investigation and the use of words.At the same time,there are some cases which have different results but in the same situation,and also the final punishment is different.The lawyer mainly shows deviations in the concept and type of temptation investigation.Regardless of the facts of the case,the temptation investigation is used as a defense ground frequently,and the focus of defense cannot be found.Gradually became a kind of surface work.The third part is the exploration of the regulatory path of using temptation investigation in drug cases in China.In response to the current situation already stated in the previous paper,we will strive to comprehensively regulate and guarantee the the problems and deficiencies of the temptation investigation.First of all,it is the scope of the conditions that are clearly applicable in the drug crime case,the scope of the case,and the scope of the temptation.Secondly,how to standardize the investigative organization's strategy method of using temptation investigation,strictly review the control procedure,strengthen the evidence awareness training,standardize the regulate operation,and so on.It is a way of strengthening management and learning together.Thirdly,it is to construct a "tempter" to testify in court anda "informant" management system.The reasonable and legal application of temptation investigation should expose this layer of yarn and provide logistics management guarantee.Fourth,strengthen supervision mechanism of the temptation investigation.It will supervise in stages and institutions.And increase the exclusion of evidence obtained from illegal temptation investigation.At the same time,improve the victim's application for the state compensation mechanism.With a view to promoting the construction of institutional norms for temptation investigation,it is able to effectively combat drug crimes while ensuring dual guarantees for judicial justice and human rights.