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On Tempting Detection

Posted on:2007-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2166360212477631Subject:Law
Abstract/Summary:PDF Full Text Request
The tempting detection is one of the special detection approaches in criminal prosecution. Also it is a disputable topic in oversea academic field. Though it exists in China criminal detection for a long time, it is one new field in academic research. In some researcher's pinions, the tempting detection will encroach on citizens'legal right, though they don't agree to apply the tempting detection in the current criminal detection.On the other hand, since the crime frequency is so high in current china, and the crime approaches are renovated so often, the tempting detection has its strong positive effect in stabilizing the current society. In practice, the tempting detection can be used in some certain type crimes with proper controls in usage, applied objects and procedure. If the tempting detection can be applied in our criminal detection by law, the author believes it will significantly beat crimes as well as protect human rights. Under current situation, to make the tempting detection a legal detection approach is one of the urgent issues. Therefore, emphasis on related research is very necessary to support the tempting detection on methodology level. There are three parts in this research: introduction, discussion and conclusion. Four chapters are in the discussion part.In the introduction, from the origin and development of the tempting detection, one abstract overview and existing problems are given out about the tempting detection in current China, which is a preparation for further discussion in the following chapters.The abstract overview of the tempting detection is given out in Chapter 1. With emphasis on the definition, characteristic and categories of the tempting detection, this thesis compared the difference between the tempting detection and the police entrapment. By giving out and comparing the different definitions of the tempting detection from other scholars, the author tried to give out her opinion on how to define the tempting detection.In chapter 2, the development of the tempting detection in western countries as well as in Japan is presented. Since the tempting detection is one imported approach from other countries, detailed introduction about the development of the temptingdetection in other countries will give us a good example on how to develop our own tempting detection legal system in China.Chapter 3 emphasizes on the current situation of the tempting detection in China. Though there is no clear definition of the tempting detection in current China legal system yet, the tempting detection is widely used in criminal detections. Because of that, carefully analyze current tempting detection situations in China, and make the corresponding legal regulations are very important to the current China.Chapter 4 gave a proposal on how to regulate and improve the tempting detection in current china. The author agreed to apply the tempting detection in current criminal detection with right limitation. Therefore, in this chapter, major discussions are focused on under what circumstances the tempting detection can be applied and under what situations, the tempting detection is not proper to be used. Also, the possible legal liabilities of the detectors are discussed if the tempting detection is applied illegally.
Keywords/Search Tags:Tempting Detection, Regulation, Police Entrapment
PDF Full Text Request
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