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Research on Legal Regulation of Inductive Investigation

Author: HuXiaoYu
Tutor: ZengYouXiang
School: South China University of Technology
Course: Legal
Keywords: Police Entrapment Legal value Legitimacy Legal Regulation
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 114
Quote: 0
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Abstract


Temptation Investigation as a special investigative techniques, many countries in the world, widely used, and has been legal recognition. China in order to meet the needs of the particular case to combat drug smuggling, the investigative techniques are also widely used in practice, but because there has been no temptation investigation of legal norms, leading to many problems in practice, therefore calling for regulation of the legal regulation . Investigated about temptation investigation of the world each major rule of law and national legislation, practice and doctrine of comprehensive use of comparison, summarized, empirical analysis, the temptation investigation concept, value and regulatory system and other aspects of conduct of the inquiry, and proposed the idea of ??the legal regulation of Police Entrapment. The text is divided into five parts, about 37,000 words. The first part is an introduction. The brief temptation background investigation and proposed articles need to be resolved. The second part of the basic theory of the temptation investigation. By analyzing the connotation of the concept, the concept of Temptation Investigation re-understanding, and with the concept of \Subsequently, a brief description of the main features of the temptation investigation and classification. The third part of Police Entrapment Analysis. Briefly temptation investigation is not clearly defined in our legal but widely applicable to the current situation. Subsequently, through questionnaires, the temptation investigation in the application of the public security organs a brief analysis, and on this basis, summed up of Police Entrapment Problems and incentives. The fourth part is the necessity and legitimacy of Police Entrapment. Police Entrapment social defense positive value and violations of basic civil rights and other negative value considerations on the basis of the need for clear temptation investigation in our authorization and regulation. Then, from the legal point of analysis applicable temptation investigation legitimacy. The fifth part of Police Entrapment specific regulation. This is the focus of this article, the author draws on Temptation Investigation abroad regulation theory, first proposed the basic principles of Temptation Investigation regulation, that procedural legal principles, the principle of necessity, the principle of proportionality. Secondly, the Temptation Investigation implementation of the main body, the extent applicable, the evidence applicable substantive law, designed temptation investigation started, Illegality, treatment and relief procedures. Finally, two special issues put forward their own views.

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