Legal Regulation Of "Tempting Evidence" In Administrative Law Enforcement

Obtaining evidence by temptation investigation way has been recognized in many national criminal justice, however, whether it can be applied to the administrative law enforcement is a theory and practice problems unsolved. a negative attitude toward the voice of a higher and higher wave Because of some disadvantages of investigation method the temptation to take evidence itself. At the same time, there are plenty of people who deem that evidence obtained by temptation investigation is reasonable. To solve this problem, the author takes Shanghai "entrapment" events as the angle of view, the author put forward their own point of view after a more comprehensive and in-depth analysis of the arguments and the two different viewpoints:it should be allowed to exist in certain range,as long as necessary for the legal regulation, And how to regulate the behavior in the law and puts forward legislative suggestions, Including:the scope of clear evidence of temptation; suitable object strictly defines the temptation of evidence; to further clarify the temptation forensics subject; establishing temptation forensics perfect examination and approval, supervision and relief program.