On The Legal Regulation Of Entrapment

Entrapment is generally recognized as one of special investigative techniques in theworld’s national legislation and judicial practice.In recent years, with the increasingly subtleand complex direction of our national crime, while dealing with some complicated cases,theconventional techniques and investigative methods encountered a series of newproblems.During the practice of our investigation, entrapment has played an increasinglyimportant role as an effective detection methods in dealing with some complicated criminalcases. In the future, entrapment techniques will be more widely used, Therefore, the studyand the improvement of entrapment has an extremely important significance for the legalregulation.This paper will start with the basic theory of entrapment,deeply discussing the status ofentrapment, examining the status of entrapment, improving the basic principles of entrapment,finally proposing a system of procedural rules of entrapment.This paper will be divided intofour parts, approximately30,000words. The outcome is to improve the system of entrapmentthrough research, firstly, we must consider the principle of the necessary limits, including theneed to limit use, control limits of the types of cases, the object limits control, luring controlmeans limits and temptation stage control limits; Secondly, we must consider the principles ofpassive design lure, once again, considering the principle of judicial review, finally, it must beheld to consider the principle of fault. Only by considering the above combination of factors,can the process of implementation of entrapment try to avoid weaknesses, so that we canfind the most appropriate balance between the investigation of the necessity and therequirements of human rights protection through efforts, so that it can be in line with legalrequirements and actively perform their functions within the scope.Therefore, we can avoidthe temptation of the implementation of the investigation against the legitimate interests ofcitizens and avoid the negative impact of any errors of justice. Combined with the policeorgan practice,we are proposed to be followed with the present investigation specificprinciples, entrapment should make the best use, as well as the entrapment value for selectingand balancing should be learned. Entrapment has its own rationality,entrapment must be setand the use of the use of the principle. Serious consequences would be violations of civilrights and undermine the legitimate government image,if the incorrect use of the means. Inaddition, it will explain the regulations of procedure law from the aspects of entrapment from: start-up procedures; implementation procedures;supervisory procedures;relief programand some other aspects.