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The ⅥPart Of No.324 Supreme Court Judicial Interpretation In 2008

Posted on:2011-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y G WangFull Text:PDF
GTID:2236330368478535Subject:Law
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As the most special method of investigation, entrapment has been employed by most countries including China in the field of fighting crimes, especially these organized and secluded crimes. Today, in China, because of incomplete system and other reasons, there also have many problems about abusing power and infringing the rights of citizens when employing this method. Therefore, we still need drawing on all the achievements made by Anglo-American law system when studying the employment and superintendent of this method.This paper intends to present some suggestions about how to solve these practical problems and constructing a new system in the field of drug crime by analyzing the judicial interpretation enacted by the Supreme Court and drawing lessons from other countries.This paper has three parts except forward and conclusion.Part one. In this part, the author analyzes the background of No.324 judicial interpretation enacted by the Supreme Court in 2008. The sixth part of this interpretation about entrapment employed in drug crime has been studied mainly. Then, this part presents some characteristics and limitations about concept, categorizing etc.Part two. If applying this interpretation without improvement, it is very difficult to find out entrapment. Therefore, this part analyzed the reasons resulting in this problem from many aspects.Part three. There are many useful achievements in other countries such as U.S., England, and Japan. This part presents one method named "double steps". First step, based on the practical situation, presenting one method could split the difference. Second step, based on the future development, presenting one method could develop immunity of Chinese judicial system.
Keywords/Search Tags:Entrapment, employment, superintendent
PDF Full Text Request
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