Enticement Investigation Criminal Law Issues Research

The broken window theory concluded by the American psychologist Philip Zimbardo through his experiment shows that it is essential for us to take cyber crime seriously and meanwhile, means of cracking down on cyber crimes cannot be neglected.Entrapment has been a popular investigation means among investigating organizations in many countries since it came into being and a number of scholars make great efforts to find kinds of academic theories to support its validity and rationality. However, it is hard to support the validity of entrapment used in cyber crime investigations by those theories due to the development of internet. The author in this essay will make full use of the mode of broken window theory to explain that it is not always legitimate and rational to use the means of entrapment in the cyber crime investigation. This essay is divided into four parts in all. The first part is a generalization, in which the author gives a brief introduction to some relevant theory on entrapment, laying the basis for the following. In the next part is about the current situation of adopting entrapment in the cyber crime investigation. The author discusses in details the necessity and status quo of adopting entrapment in the cyber crime cases in China. In the coming part, the author gives an introduction to the violation of the criminal law caused by adopting entrapment in cyber crime investigation. The last part is concerned with improving measures. Drawing lessons from foreign countries, the author puts forward some suggestions on regulating the adoption of entrapment in cyber crime cases. It is expected to have some certain significance on the practice of judiciary in China.