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The Research of Temptation in the Investigation of Drug-related Crimes in the Legislation of Investigation
Author: ChenQiaoLi
Tutor: YuGuiZhong
School: Guizhou University
Course: Legal
Keywords: Detect Enticement Investigation Law Study Investigation Practice Legalization
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 62
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Abstract
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With the social development and progress of human interactions become increasingly close, it brings a criminal case increasingly complex, traditional investigative techniques are increasingly stretched, Enticement Investigation as a special investigative techniques in its impressive performance in practice is frequently applicable in the detection of highly hidden them organized, intelligent crime, but our law does not make specific provisions of the investigative techniques for Enticement Investigation special investigative techniques and to take such acts get to legality of the evidence, the criminal process in China to take a different attitude. This theory and practice, legislative and judicial decoupled, making the temptation investigation investigative techniques generally applicable to investigating this case without strong legal support, more legal constraints. This article directly references a drug instance, starting from the drug cases, through the analysis of a large number of real data, of Police Entrapment status quo were to explore the root causes as well so that tends to be a workable way to legalization. Trying to make the temptation to investigators from the legislative norms to the integrity of the judicial practice include the legal system, the temptation investigation really exert their effects, thus fundamentally enhance the investigative process of legalization. This article is divided into three parts of the Introduction, body and conclusion. The preamble describes the background of the topics, research objectives and significance, aims to reveal the current judicial practice status quo, and the practical application of Enticement Investigation reality, trying to combine theory with practice, both at home and abroad about the temptation investigation discussion of theory and criminal investigations practice to explore the root causes of Police Entrapment status quo, and so tends to legalization practical ways. The body part is divided into four chapters: the first is to start from a real drug cases handled by the Public Security Bureau, through case analysis reveals Enticement Investigation in judicial practice \The same time, face up to the necessity of Enticement Investigation in drug-related crimes, takes surface point to reflect the importance of Enticement Investigation in the investigation practice. Enticement Investigation through drug cases leads to the second chapter of legal research, Abolition of the concept of temptation investigation, in particular, our theoretical exposition of the basic attitude of the applicable temptation investigation. The third chapter describes the temptation investigation in doctrine and legislation. Enticement Investigation in foreign research and legislative status quo, at the order of the United States, Britain, France exposition of Police Entrapment legislature envisaged as reference. The fourth chapter is the Legal Regulation conceived of Police Entrapment. I try Temptation Investigation Police Entrapment applicable to the principal, the applicable object, applicable procedures, supervision and control of legal regulation.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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