A Tentative Study On The Problems Of Encouragement

Recently, enticing investigation (encouragement), as a special investigative method, has existed in our detective action. However, the arguments about enticing investigation have existed for a long time and been unable to be decided which is right. In nature , enticing investigation is illegal and irrational. Encouragement is a special investigation measure of criminal proceedings; It well perhaps results in police entrapment if the measure is used inappropriately. There is a arduous procedure involving the control of the investigation right whose core is the problem of the legality of the Encouragement in the American Case Law system, from the toleration to the Entrapment to the Law of Entrapment, thus to Due Process Defense. It reflects the deep-seated fundament of the guarantee of the human right in the investigation procedure. There is a desperate need of the regulation about the disorder of the Encouragement in the Chinese investigation practice nowadays and, the development of the control of the investigation right and the evaluation that is based on will give us enlightenment.It disobeys either the rules of criminal procedures or the principles of laws, and will bring some disadvantages. And it goes against cavil's right. To insure that the Encouragement Detection can be used sensibly and legally, the following rules should be observed. 1. The users should be legal. 2. To use it only when it is necessary 3. Report and get permission before implementing it. 4. The entrapped should notspecific. 5. The attraction should be proper. 6. The users' action should be passive. 7. The users should be supervised strictly. 8. The course should be controlled strictly. 9. The user who breaks the laws should be punished.As for the standard about legality of enticing, act of investigation, the author suggests. Objective standard comp lamented with subjective one should be adopted. In view of its great tendency to illegality, the scope of application, the object as well as authorizing and supervising procedures on enticing act of investigation should be strictly controlled in legislation.