The Empirical Research Of Temptation Detect On Drug Crime

With the upward tendency of drug crime forms being various and concealed, traditional response-investigation mode came across difficulties in attacking crimes. For purpose of public stability and order maintenance, governments gradually explored the “positive detect” mode to defend new-generated crimes. Among that, those low-technical depended and costless temptation detect cases have been raised high attention by the world for reason of its timeliness and directness when obtaining evidence. China has declared the legal status of temptation detect in Criminal Procedure Law(2012), whereas the legislative policy makes the clauses generalized but not specific. Furthermore, the divergence came up when judicial authority implementing it into cases, meanwhile, researchers and appliers has been arguing about the rationality of its existence. Thus, further discussion and judgment on this issue would be both theoretically and empirically crucial.Apart from introduction and conclusion, this paper includes 4 parts and 30,000 words in sum.The first component refers to the value analysis of drug crime temptation detect. From a positive view, temptation detect could discover a crime directly and obtain the evidence conveniently, which earns economic benefits and owns validity of legitimacy at the same time. Relatively, temptation detect could induce another to commit a crime, leading to a waste of judicial resources; impact public credit system thus aggravating integrity crisis; and have the possibility to generate authority abuse resulting in corruption. In a word, the temptation detect on drug crime might be a double-edged sword.The second part of this paper mentions the empirical inspection of drug crime temptation detect. It takes the real cases of region J, city C and region L, city R, province S during 2012 to June 2014 as samples, and investigates it from both macro and micro aspects. Firstly, the macro aspect shows an obvious margin in two areas when temptation detect was rarely used in region L,however, frequently used in region J, and the arrest rate in region J turns out to be significantly high. To be specific, the three main types were positive-response, repeatedtemptation and quantitate- temptation. Secondly, the micro aspect demonstrates to be randomly operated, less excluded of illegal evidence, almost collected from the residents report, and targeting about temptation objects when implementing temptation detect. It is worthwhile to conclude that a majority of the cases trials adopting simple procedure and were judged to relative short sentences.The third part consists of the main problems and reason analysis of drug crime temptation detect. In terms of empirical analysis, there are two significant problems in China: on one hand, the relevant laws and rules are ambiguous and lack of plausible support, on the other hand, the detect behavior is out of order and lack of constraints. A variety of explanations could be found, for example, the ambiguous legislative provisions, the imperfect effective regulation program, the dilemma of eliminating illegal evidence and the difference of judicial environments.The last part of the main contents concerns the institutionalized framework and construction of drug crime temptation detect. Specifically, it could be illustrated in there aspects: firstly, be aware of the legal limit of temptation detect, that is, to exclude lure criminal intent subjectively and standardize the detect degree objectively,especially to the young adults combined with strong basis on empirical practice; secondly, implementing an effective procedure and regulation system, which includes clear criterions and application scope, perfect examination and approval procedures, strict execution of monitor procedures during whole process; thirdly, to establish a scientific assessment methods and adjust it towards the actual situation.