The Study On The Application Of Temptation Investigation In Bribes -Estorting Crime

It is an appropriate option to confine applicable scope of temptation investigation in bribery crime as bribes--extorting crime with the crime intention clearly exposed and characterized by great subjective viciousness and objective harmfulness. Now it is severely disputed for reasons including that the legislation is vacant, the essence of temptation investigation being an inveigling investigation measure and the face that it could become a kind of political weapon and it can undermine the protection of human right. For the bribes--extorting, the temptation investigation is double edged sword so it is necessary to perfect the legislation to solve the contradiction between reality and law.Firstly, the article introduces the background of temptation investigation, discusses the temptation investigation concept and relevant analysis, then the author makes clear the concept of temptation investigation and the features of bribes--extorting. Secondly, the author makes an in-depth research of the necessity and feasibility of temptation investigation, and points out the importance of temptation investigation. It is not only an effective feedback for the bribes—extorting crime, but also an effective breakthrough for the"one--one"evidence. Then it can draw"trust crisis"for bribee, prevent the accused to withdraw a confession, to improve the trial efficiency. On the other hand, legal temptation is a kind of investigation strategy and its drawback is only the risk of itself, so"temptation"is a comparatively reasonable way to fight crime and it is a result of moral balancing. Finally, the author points out that the use of temptation should be subjected to the legislation. Take an example, we should make"evidencing the aim of bribes--extorting"and"briber"willing to assist"as a start-up term; Somebody implementing temptation should not limit to"hastily"investigator, on the contrary, should gain the assistance of briber; We should strengthen the legislation of temptation investigation procedure, perfect the rules of evidence collecting and establishing stricter eliminating rules of illegal evidence.