On The Temptation To Detect

As a low cost, high efficiency and special means, entrapping investigation is extremely superior to traditional investigation in some special cases, which is often utilized by investigation department in practice. The characteristics of deception and enticement make it hardly free from the abuse of public power and further violate the rights of citizens. Currently speaking, the system construction of entrapping investigation in China is still under development, which is not beneficial for the protection of citizen right and strike and control of crime from investigation department as well. Therefore, exploring its legalization has important academic value and practical meaning.From the practice of public security, this paper tries to observe the legitimacy, legislation and necessity of entrapping investigation in current China, analyze the problems and give proposals with the prong of legal regulation.The first chapter mainly introduces the common theories of entrapping investigation. After reviewing its history and defining its concept, its content will be determined. With the analysis of different schools in its type division, its three types will also be delineated. Then the similar concept among entrapping investigation, entrapment, controlled delivery, undercover investigation and informant investigation will be differentiated before analyzing its legitimacy.The second chapter mainly introduces the status quo of entrapping investigation in China. Based on the Criminal Procedure Law of the People’s Republic of China, meeting minutes from The Supreme People’s Court on the trial of drug cases in2008and the joint regulation of drug case investigation issued in Yunnan, Sichuan and Shanghai, the gap and defects of its legislation in China will be discussed. Through its current implementation by public security, its rationality and necessity in practical investigation will be illuminated with the preliminary analysis on other problems such as indiscriminate application, lack of supervision and relief.The third chapter mainly discusses the improvement on the entrapping investigation system. Five aspects from its application principle, scope, implementing and approving subject, and legal aid will be proposed on the future of its legislation in China. Then the method of falsified delivery in criminal intent testification and entrapping investigation will be discussed.