Entrapment and Legal Regulation
|School||Zhejiang University of Technology|
|Keywords||Inductive Investigation Entrapment Legitimacy Civil Rights Legal Regulation|
Inductive investigation is a special detective measure, which generally approved by many countries in the world.In china, although the system of inductive investigation has not yet been legalized, but to a certain extent, it has been put into practice. It was widely used in some special kinds of cases, such as Organized Crime, Drug Crimes, Manufacture of counterfeit money, etc. As a special investigation form, on the one hand inductive investigation has high efficiency while facing some special kinds of criminals; on the other hand it will violate legal right of civil rights and threatening the judicial ethics if used in a wrong way. It is the only way to regulate and restrict inductive investigation in the form of legislation to achieve balance of interests. Therefore, the legal system of inductive investigation needs to be established quickly.The whole thesis is composed of three chapters. The first chapter deals with the basic theories about inductive investigation. Based on the main opinions presently exist, this part analyzes the definition of inductive investigation and shows its features. And this part differentiates some concepts which are often confused, such as entrapment, undercover investigation, delivery under control, etc. The argument that inductive investigation should be divided into Criminal Intent induced and Opportunity to provide will be clarified in this part.Taking the U.S. and Germany as examples, Chapter two introduces the legislation and practice of inductive investigation. Through introducing the four classic cases let us know the theoretical development and legal regulation process of the United States inductive investigation.Chapter three discusses the legalization of inductive investigation in our country. This part is the center of this article. By analyzing different attitudes about the present system of inductive investigation, this part wants to proof the necessity of establishing the system.After mentioning the problems occurring in the practice of inductive investigation in our country, the author proposes to establish the institutional structure from the application of subject, scope, exclusions and the reasonable limits to relief of the illegal investigation so as to bring inductive investigation into the track ruled by law.