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Legal Regulation of Enticement Investigation

Author: WangShuai
Tutor: XiongQiuHong
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Secret investigation Temptation investigation Police entrapment
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 167
Quote: 1
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Abstract


The temptation investigation is means to assist detectives to arrest criminals. By this method, detectives provide the favorable conditions of implementing crime to trick others who have criminal intent to commit crimes. Use of this means is limited to the conditions where there are no victims and the crime is difficult to be detected. The temptation investigation embodies the initiative of the investigation organ and makes the investigation organ effectively cracking crimes. From a historical perspective, the temptation investigation is generated in order to more effectively investigate crimes. In the beginning, it faces civil rights conflict. Its rationality of the existence is also has its limits. Lag of our country’s legislation obviously behind the practice causes the temptation investigation some problems. At present, our country is further deepening judicial reform, it is necessary to regulate the temptation investigation system, making it abide by the rule of law. This paper explores the concept of temptation investigation, through history analysis and explores the internal rationality of temptation investigation, and from the overseas advanced legislative cases, proposed legislation which adapted to the situation of China.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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