The Improvement Of The Theory Of Temptation Investigation In Our Country's Drug Crimes Investigation

As one of the measures in criminal technical detection,the temptation investigation is also one of the most efficient measures in investigating a case.With the development of society and the widely using of science and technology in daily live,the cost of committing a crime,such as drug trafficking,bribery crime,network crime so on,is getting lower and lower and the situation is becoming more and more complicated.Since these patterns of crime are often covert,highly organized and with anti-investigative techniques,the traditional investigation methods have been unable to investigate cases of these types effectively.Due to the technical limitations in the course of the investigating,the investigation plans have to be extended or re-adjusted.When it comes to these types of crime,the temptation investigation is more effective than the traditional methods and it shows a greater advantage in the collection of crime clues,the involvement before crime,the collection of crime evidences and in the control of criminal behavior.Practice has proved that when the investigation organs,both at home and abroad,are in face of a crime which is concealed,highly organized and with superb anti-investigative techniques,temptation investigation is widely used in investigating into the crime and has achieved remarkable results.However,the temptation investigation is being applied secretly and wandering outside the door of laws and regulations due to the lack of standardization of law system and due to its extremely secret state.The newly revised Criminal Procedural Law in 2012 in our country stipulated that inducing others to commit a crime mustn't be allowed,but it didn't make a clear provision for the procedure and the specific application of temptation investigation.In the judicial practice,due to the lack of constraints among powers,it often leads to the abusing of temptation investigation and the infringing of the legal rights and interests of citizens.The fishing law-enforcement tempting crimes often occur as well.By analyzing the definition and the classification of temptation investigation,by analyzing the hazard resulting from the improper application of temptation investigation in cases,by combining theories about temptation investigation with cases,and by case analysis,the paper is to reflect the current situation and the disadvantages of temptation investigation on base of the hazard in cases and to find out the deep-seated causes behind the hazard.By comparative analysis,by comparing the temptation investigation system in Anglo-American law systems with that in our country,by learning how to regulate foreign entice investigation system,and by analyzing the deficiencies of the temptation investigation system in our country,the author thus proposes measures to improve the application,including the basic principles,the applicable body,the applicable cope of cases,the applicable object of conduct,the means,and the applicable procedure regulations.In this paper,combining the basic theory of temptation investigation,and case as the breakthrough point,the paper expounds relevant problems.Pointed out that the public security organ for drug cases for the legitimacy and the value of the temptation investigation analysis,analysis of the current public security organ for drug cases for problems of the temptation investigation,and then introduces the public security organ for drug crimes of temptation investigation methods and procedures,comparing foreign drug cases is based on the way,put forward suitable measures for perfecting the temptation investigation on drug cases in China,including the application of temptation investigation procedure regulation,apply to the supervision of the temptation investigation system,and the establishment of the legal consequences of the law applicable temptation investigation.