Problem Of Temptation Investigation Research

As a special investigation way，entrapment is generally accepted by every country, but,entrapment is in an awkward situation in China now，On the one hand, entrapment islargely applied to the judicial practice, on the other hand, the lack of legislation isseriously，This can easily lead to the abuse of entrapment in practice, and infringe therights of the accused. Therefore, in order to protect the legality of entrapment, we shouldregulate entrapment legally.This article is divided into four chapters.The first chapter describes the conception, characteristics and basic types of investigation,then introduces a practical classification in detail, intention luring entrapment andopportunities providing entrapment, and also discriminates the difference of investigationwith the police trap.The second chapter is about rational analysis of entrapment, this article contains thefollowing parts, the advantage and defect of entrapment, for example, entrapment can bemore effective to against crime but also easier to violate the human rights, then analysisthe need and legality of entrapment for entrapment can satisfy the interests of the majorityand at last analysis the consequences of entrapment.The third chapter describes the theory and practice of entrapment in foreign countries, andmainly learns the experience of the United States, Japan, and Germany. This chapter isdivided into three parts, the first part using several typical cases to elaborate thedevelopment process of entrapment in the United States, the second part analysis thesubstantive requirements and procedural requirements about entrapment in German，thethird part analysis the entrapment in Japan through the laws and theories.The fourth chapter describes the legislative design of entrapment in China, and the theoryand practice in foreign countries, and then describes how to regulate our entrapment fromseven parts, such as the subject, scope and applicable condition of entrapment.