Enticement Investigation And The Principle Of Rule Of Law

Ordinary means of crime investigation have been found insufficient when it comes to effectively guarding and fighting against particular types of crime, which are often well hidden and in which no obvious nor direct victims can be identified; therefore, decoy investigation has been applied in preventing and striking such types of crime. But if it is used inappropriately, it will cause the state authority, supposedly being the one to prevent and fight against potential crime, to create the crimes which can be avoided originally, so as to infringe human rights, tarnish the purity of the execution of law and judiciary as well as damage the state's people's faith in government.In view of that, this thesis is mainly about the background and the characteristics of decoy investigation and the relationship with the principles of the rules of law nation. Also, in this thesis, with fully study on the theories, legislation and judiciary practice with respect to decoy investigation in the main countries ruled by law, esp. the USA, Germany and Japan, a concrete idea, in line with the principles of the rule of law nation and our nation's conditions, is to be proposed to deal with decoy investigation.