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Constructing China’s Legal System of Temptation Investigation

Author: DengJieLi
Tutor: SunJianMing
School: East China University of Political Science
Course: Legal
Keywords: Enticement Investigation Legislative construction Criminal suit
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 113
Quote: 0
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Abstract


Enticement Investigation as a special investigative behavior in the detection practice in many countries, and China is no exception. Especially in the crime situation is increasingly grim, organization, group, occupation, hidden crime endless stream of modern society, traditional investigative methods appear gradually difficult to adapt to a symptom. Unfortunately, Today, the of Temptation Investigation System in China has yet to truly established, the temptation long-term investigative techniques narco, the lack of legislation is a direct result of the practice embarrassment. Investigation legislation mature or not, the operation of the power of investigation is whether the legitimate, lawful, marks a certain extent, the degree of civilization of a State based on the rule of law and how, but also reflects the quality of our fight against crime and the protection of human rights, the realization of the dual purpose of criminal proceedings. Therefore, building of Police Entrapment, into the legal system is necessary. Proceed from the basic theory of Enticement Investigation the legitimacy of Enticement Investigation value analysis, and visits to sum up the experience of extraterritorial legislation, and finally put forward a specific regulation and perfection of Police Entrapment idea. Overall, the paper is divided into four parts: the first part is the basic theory of Enticement Investigation. In this section I first define the concept of Enticement Investigation Entrapment delivery, undercover investigation, control, trapping and other concepts, in order to achieve accurate results. In addition, this section also listed a different classification Temptation Investigation System. The second part of the analysis Enticement Investigation legitimacy value, the part from the value of the substantive law, the value of procedural law, the value of the protection of human rights and to the investigation of Benefit Value argumentation Police Entrapment legitimacy value. The third part is a comparative study the extraterritorial temptation investigation of judicial practice and their legal regulation. Stones from other hills may serve to polish jade. Comparative Study of Legislation of Two Schools temptation investigation, summarized its Implications for China. The fourth part is the Enticement Investigation in the design of the system of our country, in this section as the focus of this paper is divided into four parts: First of Temptation Investigation System in our current situation analysis; Second, the main problems of Police Entrapment and genetic analysis . Third, in our to build Police Entrapment feasibility analysis. Police Entrapment building and supporting the Perfection.

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