| In recent years,criminal cases in the means of criminals more and more complex and difficult to detect,in the face of this change,so that the investigation organs use conventional means of investigation to detect cases difficult.At this time,the seduction investigation means with the unique advantages to help investigators solve this difficult problem.However,because there is no clear legislative basis and regulation of the system in practice,it leads to the improper operation of investigators in the process of its application,so that there is a violation of the legitimate rights of citizens.In order to avoid the frequent appearance of such cases,all countries applying the system of seduction investigation must have a set of relevant systems to regulate it strictly.Compared with foreign countries,although China’s seduction investigation system was applied in judicial practice earlier,it has not been reflected in the legal provisions.After the revision of the Criminal Procedure Law of the People’s Republic of China in 2012,the seduction investigation was written into the legal provisions,but the provisions of the legal provisions on seduction investigation are too simple and vague,and there are no clear provisions on how to use them in practice,so that many problems will be raised in the specific implementation process.Therefore,how to reasonably use the means of seduction investigation in practice still needs further study and exploration,so that the system of temptation investigation really plays the role of punishing crime and safeguarding human rights.Before put forward the concrete proposal of perfecting the system of seduction investigation,we must first understand and analyze the fundamental theory of the system of temptation investigation,including the summary of its meaning,type and characteristics,and distinguish its differences and links with other relevant investigation systems.Taking a comparative research method to consult and refer to the foreign seduction investigation system,selecting the United States and the United Kingdom in the common law countries,the "trap theory" applied to the United States in the seduction investigation,the two situations that the United Kingdom should deal with in the "trap case" applicable to the seduction investigation,the characteristics of the jurisprudence guidance applied by Japan in the seduction investigation,and the treatment of the illegal consequences,as well as the comparative procedure and substantive parts of the German investigation against temptation,From the relevant system,the enlightenment to our country provides important guidance for perfecting our country’s seduction investigation system.To comb the current development of China’s seduction investigation system,and through the normative analysis method to analyze china’s existing legal provisions can not solve the relevant problems,in order to improve China’s temptation investigation system to find the right direction.The final landing point of the article is to put forward some concrete measures to improve the system of temptation investigation in our country.First of all,to refine the substantive requirements of the implementation of the system,this paper advocates from the implementation of the subject,the object of application,the applicable conditions and the scope of application of the four aspects of specific clarity;,to carry out illegal temptation investigators to investigate responsibility and compensation for the loss of those lured by the law four aspects of specific improvement. |
