On The Basic Issue Of Entrapment

Inductive investigation is a special detective measure which is commonly admitted in legislation and judicial practice in World. Although the relative legal system in China is not established yet, inductive investigation is widely used in detecting some special crimes such as contraband and drug trade, which are difficult to be detected if we use traditional detective measures. Lack of the legislation will necessarily result in some practical problems, therefore it is necessary to set up a legal system to control inductive investigation. This article begins with the basic theory of inductive investigation, deeply argues relative legislation in other countries and the legal standards of this detective measure, and finally conclude the setting up of perfect legal system of inductive investigation. This paper is composed of four parts, including about 33000 wordsThe first chapter deals with the basic principles of inductive investigation. In this part, the author firstly makes clear what inductive investigation is and what its features are. Then, a comparison is made between inductive investigation and other means of investigation, with a special focus on the analysis of its difference from police entrapment, secretary investigation and informant investigation. Lastly, the author classifies inductive investigation in accordance with different criteria.Chapter two is an introduction of the main theories and practices of inductive investigation in the world. Considering the different legislation of inductive investigation in the Anglo-American system and the Continent system, the author mainly presents the different practices adopted by different countries. The emphasis is on the five famous test cases in America, and on the measures taken by the U. S. A to restrict inductive investigation, i. e, the "demur against entrapment "and "demur againstproper procedure".Chapter three makes a rational analysis of inductive investigation from the perspective of jurisprudence. The author points out the problems that are likely to be triggered by inductive investigation. Moreover, the author introduces the theoretical controversies on inductive investigation 梐ffirmation , negation and compromise梐s well as the views held by the circle of law in China. Furthermore, the author analyzes inductive investigation from an economic angle and its practical values. In the end of this chapter, the author provides a reasonable borderlines of inductive investigation and puts forward the principle of proper procedures and the principle Of non-interference of autonomy of will.Chapter four discusses the institutional establishment of inductive investigation. The author points out the problems occurring in the practice of inductive investigation in China. Next, from the perspective of judicial control in advance, the author proposes to strictly restrict the scope and target of its application. In addition, in terms of restriction afterwards, the author puts forward the criterion for the legality of inductive investigation, and points out the consequences of illicitness. At last, the author proposes to establish a sound regulation of evidences so as to bring inductive investigation into the track ruled by law.