Reflections On Legalization Of Encouragement Investigation

Crime is a general but complicated social concern. Especially in the modern society, with the rapid development of science and technology, the criminal activities are developing toward a complicated, functional, organizing direction. Driven by the huge profits and drawing support from the modernized scientific and technological means, the criminals pose all sorts of challenges to criminal investigation and give new subjects to the perfection of criminal legislation by means of superb anti-investigative techniques summed in the long-term criminal activities. Could this kind of encouragement investigation be applied to practice, Could encouragement investigation get the approval and conformation of the legislation?While breaking through the various restrictions of traditional investigation and cracking down the cases quickly and high-efficiently, encouragement investigation which appeared to adapt to the special characteristics of some particular cases has also produced a variety of negative effects and got numerous queries, such as undermining the rules of law , infringing human rights, committing crimes, etc. There are varied opinions about whether encouragement investigation is good or not and whether it should exist or be abolished. On the basis of explaining various kinds of justice, this paper has put forward my own view that we should make use of encouragement investigation limitedly and conditionally. However, as to "what are the conditions", "what is the limit", these questions should be solved by legislation. This paper is trying to pose my own ideas on legislation which are the most important parts and the purpose of the writing.This paper is divided into three parts including the introduction, body and conclusion.The introduction has introduced this subject's academic background and significance of research.The body is divided into four chapters:Chapter one contains the basic theories of encouragement investigation. Beginning with several cases, this chapter draws the concept of encouragement investigation and paves the road for the cases range applicable for encouragement investigation introduced in chapter four. Then follows the characteristics and attributes of encouragement investigation Finally, this chapter briefly elaborates the emergence and development of encouragement investigation.Chapter two has introduced the relevant theories and legislation of encouragement investigation abroad. This chapter consists of four sections. It has expounded the status quo of research and legislation of encouragement investigation abroad in the order of America, Britain, Europe and Japan, which provides references and consults to China's legislation assumption.Chapter three has analyzed the advantages and disadvantages of encouragement investigation. This chapter consists of three sections. Section one has proved the functions of encouragement investigation, section two has introduced the queries for it, section three has proposed my views on the basis of the attitudes toward it in academic circles.Chapter four includes proposals for legal regulation of China's encouragement investigation. This chapter consists of two sections. Section one has introduced the application and legislation of encouragement investigation in China. Section two contains the ideas of legislation. The writer is trying to regulate the laws of encouragement investigation from the aspects of the applicable conditions, the approval procedures, the legal results and the legal remedies to the encouraged when the encouragement is out of limit, etc.The conclusion comprise the summary of the whole paper. In this part, the writer expounds this paper's viewpoints again, this is, we should not focus on the existence or abolishment of the, but consider how to systemize, legislate encouragement investigation by means of legal measures to develop its advantages and avoid its disadvantages. That is just the new ideas of this paper.