Research On Agent Provocateur

Agent provocateur is a more complicated problem in criminal law, the study of the theoretical circle about it is still at an early stage, is relatively fragmented. Generally speaking, most scholars usually analyze and explore agent provocateur from the perspective of solicitation, it is undeniable that it's reasonable aspect. But If only confined to this perspective, it will fall into certain theoretical errors, which has a negative impact on theoretical research. Therefore, not only in the field of vision from solicitation also higher than solicitation, the problem can be perused and reflected rationally.In view of the many disputes about agent provocateur, this article first elaborates the origins and legislation survey of agent provocateur, in order to understand this problem from the perspective of history and legislation. Then this article analyzes the concept, the essence, the essential elements and the essence of penalty of agent provocateur. And combining the building of the legal system, the author poses the constructive ideas on legislation consummation. Finally, comparing with the attempted solicitation and enticement spying, the article further reveals the inherent relationships and essential differences between them, which will deepen theoretical research and reveal its essence. So it is advantageous to guide our legislation and improve our country's criminal legal system. Making agent provocateur legalized will provide a sound legal basis for judicial practice and maintain the law's authority and dignity.