Police Entrapment Study

Encouragement investigation has become one of the hottest topics of criminal theorists in recent years. On one hand, encouragement investigation has incomparable advantage when investigating crimes which have high disguise and high organization. On the other hand, encouragement investigation has features as duplicity and inductiveness, making it easily cause the abuse of power and offensive of the civil rights. Considering that, some countries regulate this investigation through written law or case law. But encouragement investigation has already become a common method in judicial practice, especially in drug-criminals in China.And there is no clear regulation of this system in our written laws. It is not only harmful to the protection of civil rights, but also harmful to the control of criminals. So constructing the encouragement investigation has great theoretical and practical significance. This author provides relevant theories of encourage ment investigation, introduces the development of encouragement investigation in several countries and finally puts forward own idea on basis of the value analysis of encouragement investigation.This paper has four parts. The first part is about basic theories. It reveals the features of encouragement investigation, helps to understand the investigation more clearly and also differentiates several concepts people often confuse with, such as controlled delivery, framing abetting,undercover investigation and entrapment investigation, etc. The second part makes comparison with encouragement investigation in different countries and introduces theory achievements of U. S., Britain and Japan.The third part is about value analysis of encouragement investigation.The fourth chapter is the most important part. It is about the construction of Chinese encouragement investigation. First it analysises the legislation and practice of encouragement investigation of China, then it carried on the construction of the procedure systems and design of relevant substantive laws separately, finally seeks the balance between the protection of human rights and the attacking of the crime.