On The Encouragement Detection

Encouragement detection, which is widely used by police force against organized crime, drug crime, false currency crime, and crime committed with similar ways in given places as well, makes substantial achievements in China presently. Although effective means encouragement detection is, it as pretrial procedure undermines the principle of due process. For the contribution of certain constructive minds to the legislation of China's criminal procedure, this paper expatiated the illegality of encouragement detection both in modality and essential, argued for the non-economy of encouragement detection through economic analysis, and discussed the legal result of encouragement detection according to its illegal and unnecessary characteristics. Counted of 35,000 words approximately, the paper includes five parts. The first part of this paper summarized and appraised domestic research production about encouragement detection, defined and differentiated encouragement detection from relative conceptions like police entrapment. In the second part, the author had comparative eyes on historical origin, legal status, adaptation principal, adaptation range, adaptation object, involved procedure and legal consequence through review on practice and legislation of encouragement detection abroad. Part three is the keystone of this paper. The author elaborated on the illegality of encouragement detection in formality and in essence as well which indicated the disadvantages of encouragement detection in crime control, civil right, justice integrity and consciousness of ruling of law, etc. Betaking economic analysis of cost and income of encouragement detection in the fourth part, the author considered encouragement detection as an activity simply wasting justice resources with low efficiency even negative effect. In the last part, beside the general view of evidence qualification and responsibilities taken by the temper and the temped, the author had particularly study on legal result of encouragement detection in specific circumstance.