Research On Temptation Investigation

Compared with the traditional means of investigation,the temptation investigation has obvious advantages in investigating and obtaining evidence,finding criminal facts and finding criminal suspects.Through the comparative study on the rules of dealing with the temptation investigation in the criminal laws and judicial precedents of various countries,this paper analyzes the relevant legislation and judicial situation of the temptation investigation,finds out that although the temptation investigation in drug crimes are widely used,there are no clear legal provisions,and the judicial practice is mainly based on Summary of Nanning Conferences and Summary of Dalian Conference.As the trial basis,the effectiveness of the lower level,can not make up for the lack of legislation and lag.Combining with the foreign judicial practice,this thesis systematically analyzes the relevant theories of the temptation investigation,searches the judicial cases of our country,analyzes the problems existing in the practice of the temptation investigation in drug crimes,and puts forward suggestions on the legislation of the temptation investigation from the aspects of initiation,supervision,burden of proof,mode of sentencing and relief,in order to continuously promote the legalization of the temptation investigation.In the premise of not infringing upon the legitimate rights and interests of citizens to maximize the role of combating crime.