Police Entrapment Theory

Encouragement activity of investigation, as a special measure in criminal proceedings, reflects the violent conflict of interests of controlling crimes and protecting human rights.Encouragement has been applicable to meet the demands of detecting the specific criminal cases such as "covered crime without victims." When it is used in an improper way, it may result in "inducing a man to commit a crime" and then it will be transformed to a mean measure of making a crime. New patterns of crimes have been surging in our changing society, which has been challenging the traditional investigations. No legislation on Encouragement in China, though it is widely used in practice, arises in controversaries over its legitimacy and its regulation in academic circles, which has been the hot-spot issue.From the aspect of comparative law and positive law, the dissertation tries to sort out Encouragement, probing into its principles and regularity, hoping to help construct Encouragement in China.The dissertation is divided into six parts. In Part 1, the author makes a brief review of its history and makes a clear-cut definition of Encouragement. In Part 2, the author analyses its positive and negative values from the aspect of value, pointing out its positive value lies in the efficiency to detect the specific crimes and its negative value lies in the possibility to infringe innocent persons. In Part 3, the author discusses its justification, pointing out the line of its legitimacy should be drawn in that "The state cannot make a crime " and "the mixed approach" should be adopted in China, and its justification lies in "The need of investigation and the common acceptance of the society." In Part 4.the author probes the legal effectiveness of illegal encouragement, pointing out that we should exempt the induced person from criminal responsibility in the light of the social policy theory. In Part 5, the author introduces how encouragement has been regulated in Western countries, in particular, the U.S.A; such as "the entrapment defense" and "the due process defense". In Part 6 the author makes some concrete suggestions on how to establish Encouragement in China after his analysis of the reality.