Study On Encouragement

With the development of the reform and opening, legal system constructions have made substantial progress in our country; new law thoughts and good environments of enforcement have been in the formation and head for the maturity. Owing to the improvement of law-ruled environment, the research and demonstration to the encouragement have been promoted to a jurisprudential degree in the academic circle and judicial region.Encouragement is a special investigation measure in which the investigator designs some circumstance or provides some opportunities for the suspect who has an obvious criminal predisposition or has carried out criminal preliminary activity or has connected with previous criminal activities to cause him exposed in order to prosecute the disguised crimes with no victims. As a special kind of investigation, on the one hand, encouragement is mostly used for taking effect on prosecuting special types of crimes. On the other hand, it will cause some disadvantages such as offending civil rights and endangering the construction of judicial ethics if it is used inappropriately. Regulating and confining the encouragement by law is the sole way to realize the balanceof legal benefits. This article introduces the development of American encouragement theories and the procedures involving the control of the investigation, analyses its sense for reference and puts forward the idea of lawmaking about how to establish the encouragement system in our country. The encouragement can be assured to operate in a legal orbit when it is regulated by law about applying corpus, time, scope, object, procedure control and legal liability.Learning from the western countries' mature theories and many domestic scholars' works on encouragement, the article studied the encouragement by comparative analysis and theoretical demonstration ways, probed into its retaining rationality and the feasibility of constructing our encouragement system. The idea is put forward about lawmaking and framework design how to construct the encouragement system from the view of confining the encouragement. It has been wished to realize the law-ruled investigation procedure through establishing the encouragement system matching our present criminal procedure and suiting the practical operation of investigation procedure.