Application Of Police Entrapment Regulation

With the rapid growth of the economy, crime is becoming more and more complexhas become a problem that can not be ignored. Such as drug trafficking, crime of bribery,counterfeiting, the network crime of new crime, because of its high degree ofconcealment, organization and excellent anti reconnaissance means, that theinvestigation organ with traditional investigative methods tend to be at a loss what to do.Special criminal activities to these stealth features unique, temptation investigationfound it hard to compare crime clues, before the crime involved in the investigation,collect evidence of a crime and crime control action and international relations,functional characteristics in stealth crime investigation process has the naturaladvantage of conventional detection method, practice has proved, process challengesand threats at home and abroad the investigation organ to deal with the high incidenceof crime situation and special types of crimes in the investigation means, is widely usedin investigation practice. But for a long time due to the clear recognition of the lack oflegal, and is highly confidential, so the temptation investigation is always in the"underground" operation state, free from beyond the law norm.In2013China’s new criminal law promulgated, shall induce others to commit acrime, but did not specify further investigation of the temptation in the procedure andthe specific application of. In judicial practice, because of the lack of control rights,leading to the abuse of investigation, illegal phenomenon of violating the rights ofcitizens, inviting crime, attractive felonies are different in various parts of the actualharm degree, the improper of temptation investigation, analyzes the factors causing thelegislative level hazards and to explore solutions, the litigation structure science, therealization of criminal procedure law, speed up the democratic procedure, has theimportant practical significance. This article appears in the judicial practice of improperencouragement the case as the breakthrough point, using case analysis method, the harm to the spy case of temptation investigation in China operation status, and analysis thedeep-seated reason harm; comparative analysis method is used in the United States,temptation investigation case as an example, referring to foreign experience, analysis ofthe lack of search in China, combined with the actual situation in China and the currentsituation of legislation, put forward China’s temptation investigation measuresregulation, including the main body of the temptation investigation and the scope ofapplication of the case definition of temptation investigation; legitimacy; startingconditions of temptation investigation; supervision mechanism of temptationinvestigation; illegal temptation investigation measures. Finally, the author thinks, withthe concept of human rights protection in depth, legal system gradually perfect, believethat the negative effects of temptation investigation will be gradually reduced andeliminated in the judicial practice of our country.