Study On The Evidence Effectiveness Of Administrative Temptation Investigation

In the field of administrative enforcement.The application of temptationinvestigation in the process of obtaining evidence has become so popular that itgradually turns into an addition of the traditional way of obtaining evidence. Manycases of temptation investigation have appeared in the process of law enforcement,which make temptation investigation become historically very important and receivemuch broader attention. Thus, the research in temptation investigation and evidenceeffectiveness recognition in the process of administrative enforcement has become aconsensus between the theoretical field and the practical field.The main point in this paper is about the reliability of evidence in temptationinvestigation in the process of administrative enforcement. Evidence is the axis inadministrative enforcement activity, both the traditional way of evidence obtainingand temptation investigation are centered on evidence collection. Thus, this paper willspecifically choose the problem of evidence effectiveness as the breakthrough of therelevant research. Evidence is the starting point as well as the foothold point. As longas the research on evidence has been thoroughly done, then the other problems existin temptation investigation will be solved automatically.This paper can be divided into five parts. The paper as a whole can be regardedas a close line in the deep discussion of evidence problem in the process of temptationinvestigation in administrative enforcement. The first part will be an introduction ofthe relevant theory in temptation investigation in the process of administrativeenforcement; it will make clear that the evidence in temptation investigation isactually not evidence at all from the perspective of law. In the second part.The authorwill analyze the legitimacy and rationality from the angles of law enforcementpractice and administrative law theory. these two will become the premise in theresearch of evidence effectiveness. In the third part.The author will discuss thedifficulties we may come across in the process of evidence effectiveness affirmationin temptation investigation. The author will analyze this problem from the angles ofevidence objectivity、correlation、legitimacy as well as legislation of administrative procedure evidence, and thus recognize the essence of the problem. The fourth partwill begin with the affirmation of evidence in temptation investigation, the author willconfirm the evidence obtained in temptation investigation of “chance to provide” typeand negate the evidence obtained in temptation investigation of “crime induce” type.Meanwhile, the author will start from the law procedure and make the spirit in new“Criminal Procedure Law” for reference so as to set up the evidence obtainingprocess in temptation investigation. In the fifth part of this paper.Starting from theconcept of administrative process, the author flexibly makes use of the similarregulations in the new “Criminal Procedure Law” and thus works out a set oftemptation investigation procedures to solve the evidence effectiveness crisiseventually.The innovative point in this paper is taking the technical investigation provisionsin the new “Criminal Procedure Law” as a reference. The author applies the technicalinvestigation provisions and combines it with the basic theory in administrativelaw.And thus makes use of the concept and procedures in temptation investigation inthe criminal in the field of administrative law enforcement. In this process, the authordesigns the protection program which standardizes the legitimacy of evidenceeffectiveness in administrative temptation investigation, and thus makes sure theeffectiveness of the evidence, which will offer reference for law legislation anddirection for law prosecution, and eventually lead our society to the orbit of lawgoverning.