Research On Encouragement

In recent years, due to China's rapid economic and social development, continue to emerge out of many new types of criminal cases, the temptation of a special prosecution investigation as to punish crime, investigative techniques have been widely used in investigating cases of organized crime, drug trafficking cases, counterfeiting cases and occurred within a certain area using similar methods of crime cases. Despite the objective to obtain the corresponding results, but China has not the temptation in the legislation clearly stipulates the investigation, resulting in many negative effects, such as the threat of unlawful implementation of the Government Encouragement of credit, social credit system, citizens basic human rights and justice purity. In practice, resulting not only unable to give full play to the investigation organ temptation to positive edge investigative techniques to effectively combat crime and thus, the purpose of protection of human rights, can not detect improper inducements to reasonable regulation, reduce its negative impacts. Therefore, the temptation of building detection system needed for the protection of human rights, and punish the perpetrators of positive significance.The whole article is divided into five chapters.The first chapter is about an overview of Police Entrapment. Theoretical analysis of the domestic industry about the concept of Encouragement on the basis of the four statements, extracted from the concept of Encouragement, and then study its classification, characteristics, summarized temptation, secret, sexual, and directly along the three major significant characteristics. Contract it with the "Entrapment", "undercover investigation" and "controlled delivery" to distinguish between three concepts.The second chapter is about the United States, Germany, Japan Police Entrapment Investigation of legislation and judicial practice. Analysis of the United States as the representative of the common law system and to Germany and Japan as the representative of a typical civil law system of the State Entrapment relevant content, and then sum up their successful experience of the construction of Police Entrapment in China to provide reference views.The third chapter is about the temptation to question the value of investigation. The author analyzes the domestic theory of community about the problem of Entrapment Investigation of three theories:negative theory, surely, a compromise that the three theories and the evaluation criteria and, finally, a careful choice to use the practice of Encouragement. The fourth chapter is talked with the status of Police Entrapment and problems. Of Police Entrapment status of legislation and practice the empirical analysis, pointed out that the practical aspects of Police Entrapment in the presence of three major problems:First, the legislation does not specify Police Entrapment; the second is the implementation of standardized procedures for the Encouragement is not clear, investigating authorities greater discretion; third Entrapment does not provide illegal acts legal remedies.The last chapter is the construction of Police Entrapment of specific legislative proposals. Encouragement from the implementation of the principles to be followed, scope, implementation of the subject, the implementation of the object, process control, and law and other legal remedies the Encouragement of five parts to elaborate.