On The Encouragement Detection

Encouragement detection, a special procedure in criminal detection, originated in France during the reign of Louis XIV, commenced to take into effect during the World Warâ…¡and was introduced to China via Japan in the 1950's. With the first Criminal Procedure Law of China in 1979 coming into being, the problem of whether the encouragement is legal or illegal has long been controversial in the academic circle of lawsuit. Based on the China's Basic Law of Criminal Procedure - "Criminal Procedure Code" which has no related provisions, the opposers think that it is an illegal means and should be resolutely denied.While the supporters, making reference in the two catagories of encouragement in foreign countries (opportunity-providing type and predisposition-inducing type ), confirm the validity of the opportunity-providing encouragement detection, deny the predisposition-inducing one, put forward legal regulations for opportunity-providing encouragement detection and hope to make legislations through revising Criminal Procedure Law. The writer holds that detection, as a specialized means of the national investigation anthority, should have justifiability firstly and encouragement detection, as a kind of detection, should be no exception. Thus the writer makes clear definition of encouragement detection and put forward his own view, i.e., "the predisposition-inducing type" cannot be referred as "encouragement detection", tells clearly the difference among "encouragement detection", "crime-inducing" and "entrapment" , analyses its legality and rationality. Furthemore, for the first time, the writer advances " Principle of Limits in encouragement detection" , makes detailed analysis of "the credibility of evidence acquired in encouragement detection", further reinforces the credibility of evidence of encouragement and raises the conception of encouragement legislation. Today when crimes are becoming more and more complicated, collectivized, internationalized, technicalized and enshroulded in China even throughout the world, encouragement detection is therefore necessary and inevitable. It can be expected that our country will make encouragement legislation, confirm its legal position regulate its operating rules and make it exert its positive function of striking crime and protecting civil rights.