On The Boundaries Of The Legitimacy Of Enticement Investigation

By enticement investigation is meant the method of investigation of criminal offences by means of laying traps for potential criminals. Although encouragement in the investigation authorities have often been applied in Case,but the law on this important issue of the lack of any express provision. Academic research for the Encouragement of more limited legislation discussed, but little confused on the concept of distinction on the basis of the accuracy, deals with the legality of Encouragement boundaries. Should be to determine whether a causal relationship Entrapment as a basis for legitimate or not. This paper attempts to lure the concept of investigation, detailed investigation of the legality of the temptation to limit the temptation and how to identify the legality of the investigation, also introduced the temptation to judge other countries on the legality of the limits of detection of the experience, the last temptation of investigation on the legality of proposed limits Theoretical construction. Paper is divided into five chapters, about 30,000 words.The first chapter is the basic theory of Encouragement. Mainly discusses the concept of Encouragement, characteristics, classification standards. Also related to the temptation of Investigation and Analysis of the concept. Investigation and undercover investigation to find out the temptation, the temptation to conduct investigation and entrapment, seduction investigation and detection of the difference between special circumstances.The second chapter of the temptation to allow the investigation. This chapter describes, as a kind of Encouragement "to commit crimes, " the danger of the suspect investigative methods, have a lot of opponents. Those who oppose the Encouragement Encouragement main reason is that there is no legal basis and should not be used as investigative tools; and Entrapment may also lead to decline in government integrity, causing a moral crisis. But why States should allow it to exist? Its legitimacy and rationality where? I will detail in this chapter the reasons for the existence Encouragement The third chapter is the legitimacy of the boundaries of foreign Encouragement Research Survey. Through the United States, Britain, Australia, Japan, Germany, typical of these countries and detailed studies to find out the legality of national boundaries in Entrapment Research progress and development on track. Encouragement of States to the limits of criteria for judging the legitimacy to determine the methods reviewed. Summarizes the advantages and disadvantages of various criteria in order to learn from each other.The main contents of Chapter IV of the current situation and problems. Discussed in this chapter is divided into two parts. The first part introduces enticement investigation in the legislative status quo as well as Yunnan and Sichuan provinces in the Regulation of the Encouragement on the Exploration and try. The second part of the main speakers in our judicial practice, the temptation to detect problems.Chapter content is the legitimacy of Encouragement and improvement of the construction limits. This chapter attempts to limit the temptation to judge the legality of the standard investigation, the temptation to determine the method detection limits of legality and the temptation to three aspects of the investigation to determine the conditions for a case Entrapment legitimacy.