A Study On The Judgment Standard Of Legitimacy Examination Of Entrapment Investigation

As a way of investigation method,entrapment investigation can improve the efficiency of investigation,but if it does not regulate it,it will become a police entrapment that violates citizen's human rights,so it is necessary to draw a clear line between entrapment investigation and police entrapment.Firstly,this paper analyzes the meaning of the entrapment investigation and distinguishes it from the police entrapment.At the same time,it simply discusses the necessity and importance of clearly checking the judgment standard of legitimacy examination of entrapment investigation.Secondly,abstracts the subjective and objective criterion of entrapment investigation by analyzing the typical case of the United States and Britain on entrapment investigation,then carries out a thorough analysis of the pros and cons of the subjective and objective standards.Thirdly,this paper analyzes the legislative current situation of the judgment standard of legitimacy examination of entrapment investigation in China.At the same time,on the basis of analyzing and summarizing the cases of entrapment in China,this paper summarizes the problems existing in the judicial practice.Finally,according to the problems of the judgment standard of legitimacy examination of entrapment investigation in China legislation and justice,the paper put forward to adhere to the judgment standard that is objective primarily and subjective secondarily.And further clarify the specific factors to be considered,that is,the judge should determine whether the behavior is legitimate and reasonable according to the purpose,degree and the way of inducing behavior to in the first place,then judges whether there is a causal relationship between the investigation and induced crime according to the factors such as whether the suspect had previously committed a similar criminal act,how did the suspect respond to the entrapment act and who is the perpetrator of the crime proposal.