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On the Validity, Legality of Encouragement Investigation and Localized in China

Author: LiuZhiQiang
Tutor: LiJie
School: Jilin University
Course: Criminal Law
Keywords: Encouragement Investigation Validity Legality Localized in China
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 213
Quote: 2
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Abstract


Because of the detection of a case, anti-crime have traditional investigative techniques are not as effective, the temptation in the investigation has long been recognized by foreign legislation and the practice of justice. In China, although the temptation investigation has not yet been legalized, but to a certain extent, it has been put into practice. In the research and discussion of the temptation to detect, domestic scholars’knowledge matters differently. With the temptation of the investigation practice, the temptation question of the legality of the investigation and recognized the legitimacy under the premise of how to carry out the investigation temptation to explore issues of the legislation, there will have been controversial.Using comparison and theory with practical method, from the temptation of the investigation of the legislation may, by experience, the concept of preparation, basic concepts, legislative necessity, the essay have five pairs of the legislative investigation of temptation to explore:"the experience of temptation investigation of the legislation in our country", review of the common law, civil law countries and the European Court of Human Rights, "the United Nations drug conventions," the temptation of the legislative and investigative practices, and a summary of features; "the temptation legislative investigation of the concept of preparations", in the assessment of relevant theory, the temptation to detect the concept should be "objective conditions", "target" as "the main conditions", "procedures conditions" and "least qualified" for the content and composition, and the temptation of investigating the relationship between the police trap; "the temptation investigation based on the concept of the legislation", this put "the interests of balance," the temptation for the investigation and the need for a moral to apositive feasibility studies, and noted that the denial of the problem; from the anti-crime and anti-torture two aspects, the temptation investigation of the need for legislation are discussed; finally from the two aspects of general principles to specific rules the article designed the legislative contents of the investigation temptation.

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