The System Of Entrapment In The American Criminal Law And Its Reference Significance To Our Country

In recent years, the entrapment is used massively in our country's judicial practice, and obtains judicial organ's approval. As for standard and the guidance to this special detection behavior, our country lacks relative systems or the legal basis. The flaw of legislation causes inevitably power to run outside the law and the public power inevitably to attack the private right. Therefore this behavior not only should be regulated by the procedural law, simultaneously also should be the problem which the substantive law remains to resolve.The jade may be refined from stones coming from other hills. USA is the most important country that has mature research on the entrapment and integrates it in the substantive law. USA took attention to the police snare very early; the relative theories are also developed quite systematically, maturely. After studying production reasons and the development course of the American entrapment and recent development of the tenable standard and the theory basis of defense causes, this article proposes some tentative plans to construct our country's system of entrapment. The full text is divided into five parts, approximately 33000 characters.The first and second part is the outline of entrapment, firstly introduces definition and establishment conditions of the entrapment, and aiming at some misunderstandings existing in our country's theory and practice department, carries on the discrimination between the entrapment and the enticed detection, framed instigation and so on relative concepts, then introduced historical perspective of the entrapment and some illustrative cases in development course.The third and fourth part introduces the tenable standard of the entrapment as one kind of defense causes and the recent development of the theory basis of defense causes. The entrapment in the American criminal law is an extremely important defense cause of innocence, standards that is used to judge whether the entrapment establishes or not have subjective standard that occupies generally the mainstream status, the objective standard that the majority of commentators esteem and is adopted by "Model Penal code", and the comprehensive standard that minority of states carry out. But regardless of using what kind of standard, every one has respective merits and insufficiency. Therefore in the end of the 20th century, the theory basis of the entrapment as a defense cause has the recent development: The inspection method of causal relation is used to examine whether the entrapment as a defense cause establishes or not, even more attention is brought to protection of accused persons'rights, the government's corresponding proof responsibility also enlarges along with it.The fifth part is the system's significance of entrapment in the American criminal law to our country. Firstly I introduce present situation of our country's entrapment and problems exist in it, then analyze the necessity that we integrate it in the domain of criminal law, Finally, propose to profit from reasonable factors of the entrapment in the American criminal law in construction of our country's entrapment system, establishing the defense system for innocence and making the legislation clear about legal responsibilities of accused persons and detectives, two suggestions.