Research On Encouragement

Encouragement is a special secret means of investigation and come into being with that it isn't more and more easy to use traditional and passive means of investigation to guard the present-day social benefit and human crime has an intelligent, organized and concealed trend. Encouragement is a secret means of investigation so as to get the criminal proof, that the investigator seduce the suspect to commit the seduced crime and be captured on the spot beyond controlling of the investigator. Encouragement has features of seduced means, cognition difference, enforced limitation and indefinite effect.We accept and use encouragement theory and use its investigating means originated from western country in our criminal field after reform and opening days. The theory is called "entrapment" or "entrapment defense" in western country. Entrapment has subjective and objective two level doctrines. Subjective level doctrine support that the key of being entrapment is that the criminal has predisposition. If the criminal has predisposition or plan to commit crime and the government or the seduced give the conditions and opportunity which crime need, the criminal commit the crime, so we think that government's luring act is not entrapment and not suitable for entrapment defense. On the contrary, if the criminal inclination is lured and come into being by the government, that the suspect has not criminal inclination before prosecution is entrapment and suitable for entrapment defense. The objective level doctrine support that the key of being entrapment is government' luring measure and not criminal predisposition. If the government's luring act is too strong to the suspect commit the crime which he has not predisposition, government's luring act is entrapment.Encouragement is a secret investigating way which investigator seduce the suspect and other relatives in order to get the criminal proof and capture the criminal. By the subjective level doctrine, encouragement has two types: offering and luring one. Offering encouragement is an investigating type that the lurer offer the criminal opportunity which the lured want and need so that the lured get the given opportunity to commit the lured crime. Luring encouragement is another one that the lurer seduce who have not criminal predisposition to commit the lured crime. Offering encouragement is classified into pandering-offering encouragement and coincident one. Luring encouragement is also named entrapment and has simple entrapment and multioccasional one. Simple entrapment also is classified into single-simple entrapment and direct one. Multioccasional entrapment has three kinds: indirect-multioccasional entrapment, continuous and compound one.Encouragement has its internal and external positive value and has been more and more used in our criminal field. External value is the one of find crime and capture suspect etc., and internal value is the one of guard society and save investigating source. It's sure from practice that encouragement has strong point on investigating important and difficult case that other ones have not. But encouragement also has negative value. It shows that government maybe lure who haven't criminal predisposition to commit crime so that the lured's human rights are infringed upon and justice unfairness is caused, and also that the lurer seduce who haven't criminal predisposition to commit crime so that criminal instigate to crime and the proof's effect reduce in the improper implement of encouragement, we mean that it aim to implement of entrapment.Encouragement is a proper and duty act that can defense crime. The subjects are investigating organization, the lurer and luring participant. Encouragement-duty act is the one that encouragement subject carry out, and this investigating act is also named luring-duty act. Luring-duty act is classified into generally luring-duty act and ordering one. The former is the luring act to be carried out according to law, and the latter is the one according to order. Ordering act has lawful o...