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Analysis in Terms of Law on the Case of JingAiguo Transport Drugs Acquittal

Author: JiangHongWei
Tutor: YuShuYi
School: Lanzhou University
Course: Legal
Keywords: Drug-related crimes. Illegal evidence Enticement Investigation Legal Regulation
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 75
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Abstract


Temptation Investigation as a special investigative techniques , adapted to the needs of the particularity of the drug-related criminal cases , cases of drug-related crimes investigation and evidence collection may need Enticement Investigation , and the practice has proven that temptation investigation is indeed effective investigative techniques . Temptation Investigation has been widely used in foreign countries , and its premise is the Legislation them regulation . Tong said that , Enticement Investigation can be divided into the investigation of the opportunity to provide type Temptation Investigation and the mens rea induced type temptation . Foreign adoption and it is to be the Legislation of the opportunity to provide the temptation investigation. Mens rea as of Enticement Investigation another type induced temptation investigation because it broke the bottom line of the fight against crime , a serious infringement of the fundamental rights of citizens , to categorically exclude judicial practice . The paper selected the Jing Aiguo transport drugs declared no crime in this case representative analysis which reflects the legal issues : drug-related criminal cases in the collection of evidence legitimacy defined in the court of second instance Reasons for Judgment , Zhang Wenzhuo investigators investigative behavior qualitative and combined in accordance with the provisions of the criminal Law of the concept and the characteristics of the Penal Code General Provisions crime to analyze the Jing Aiguo behavior of the defendant , whether a criminal offense , so as to arrive Enticement Investigation in the case is a mens rea induced temptation investigation , Zhang Wenzhuo and other investigators are subjective in cases of deliberate creation , defendant Jingai Guo the acquittals is correct . This article by transport drugs Jing Aiguo disclosed typical crime case analysis , further clarifying the investigators in the investigation practice the serious consequences of the abuse of power of investigation would infringe the human rights of their citizens , Enticement Investigation in drug-related criminal cases , whether the necessity thinking , and pointed to the need to improve China's relevant laws to regulate the Encouragement to reach the ultimate goal of the fight against crime and the protection of human rights .

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