Research On Investigation Chief Temptation

Currently, the "fishing law enforcement" high frequently in the public eyes, with the complexity, concealment, mobility and cross-boundary nature of administrative law cases enhanced, Temptation Chief Investigation is widely used in the Administrative practice. The administrative law enforcement officer by means of temptation to investigate and collect evidence, On the one hand there are low cost, high efficiency advantage, while the other hand, accompanied by the property, personal and other human rights violations of administrative counterpart. Temptation investigation as a "double-edged sword" appears in the administrative areas, we must think rationally, we can not completely deny the means of temptation to investigate in administrative areas, Because of offense of some individual cases in the process of "fishing enforcement". Survey also not because the temptation means of investigation bring convenience for law enforcement officer, to abuse the Temptation Chief Investigation, as a result of violation of legal rights of citizens, and the dialectical method to treat Temptation Chief Investigation are:correctly distinguish between " inducible Criminal Intent" and "the opportunity to provide", to retain "the opportunity to provide", and absolutely prohibit the "inducible Criminal Intent," by law regulation. So, the temptation means to investigate evidence can be run healthy within the legal frameworkCurrently, Investigation Chief Temptation not only is a blank in the law, also its investigation is incomplete in theory. There is not a book addressed to the Investigation Chief Temptation. Only a few papers on information related to discussing the legality of acts of temptation investigation and evidence collection. Meanwhile, foreign countries rarely involve Investigation Chief Temptation. They are more mature as "Entrapment" theory. Therefore, it is meaningful and necessary to strengthen analyzing Investigation Chief Temptation. Theory of administrative investigation can be enriched, and can be provided basic theoretical research for Investigation Chief Temptation in the future. And also the practical application of Investigation Chief Temptation can be as guidance and strengthen regulating Investigation Chief Temptation in the development process of the Administrative Procedure Act.This article used Law Hermeneutics, value analysis, comparative analysis and empirical analysis. First, referring to two typical cases leads to the problem to be solved in this paper:the legitimacy and value whether Investigation Chief Temptation whether it has, and How to regulate. The first part was discussed about the general theory of Investigation Chief Temptation, including defining its concept, e nature, features and classification. The second part is about detailing the legality of Investigation Chief Temptation. Its legality in the administrative space has its existence by analyzing the basic principles of administrative law (Principle of administration according to law, the principle of proportionality, the principle of trust protection and administration of public justice). The third part is about the value analysis of Investigation Chief Temptation and distinction between the negative "Inducible Criminal Intent" values and positive "opportunity to provide" values, to Reserved "Inducible Criminal Intent" or prohibit "opportunity to provide". The last part is the legal regulation of Investigation Chief Temptation. Ensure that "the opportunity to provide" within the framework of the rule of law can be healthy through presenting some suggestions about the application of the conditions, procedures and judicial review.