Abstract:
Induced investigation is not unique to foreign countries, but also reflected in ancient Chinese judicial culture. The technique of "Deceitful Hook Evil" in Chinese traditional judicial culture is similar to today's temptation investigation.In Chinese traditional judicial culture, the art of "Deceitful Hook Evil"——not only "solid without eliminating" the solution of difficult cases, but also "free from pursuit"——has rationality in specific time and space. This art of experience is the crystallization of ancient judicial wisdom, which is of circumferential and referential nature. According to the formula theory of temptation investigation, there is a certain limit to the measures of temptation investigation. In modern society ruled by law, it is necessary to be alert to the intrusion of investigative powers induced by investigative organs; and to clarify the conditions for the use of induced investigations, so that the investigation methods will gradually move from standardization and rationalization to legalization.