On The Encouragement Detection Specialization Of Crimina Law

A special means in criminal procedure,the encouragement detection is extensively used in procedural practices of the United States,Great Britain,Germany and Japan,the state organs of which have approved its validity. In view of the foreign legal principles and practice,this paper summarizes the purpose of the detective investigation,common ways of practice,needs to crack down the crimes and guarantee of human rights,moral support and legal demands. The paper also analyzes the validity of the encouragement detection,and holds that the "entrapment detection" its invalid,and believes that the detection of "opportunity encouragement" is legal,and the "entrapment detection" is illegal. The paper also puts forward the relevant initial legislative proposal from the perspective of the procedural law" as well as the criminal law and judicial interpretation,stating the necessity to assess and regulate the applicable principles,scopes,targets,legal supervision,analyzing the legal effect of the encourage detection,and expecting to legalize such practice in China.