Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Discussion the Legal Regulation of Police Entrapment System

Author CuiZuo
Tutor LiXia
School Shandong University
Course Job LL.M.
Keywords Entrapment value and significance legal regulation
CLC D925.2
Type Master's thesis
Year 2010
Downloads 174
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At present, China is undergoing social transition, the frequent contradictions, the number of criminal cases has increased year after year. In particular, some drugs, weapons and illegal trade involving national security, occupational or group of major cases have occurred. These cases are often very subtle, intelligent, traditional investigative methods can not meet the requirements of the fight against crime. The Police Entrapment its unique initiative, temptation, secret in nature, in practice, gradually being recognized by our investigation authorities, in practice, achieved good results. However, it is embarrassing that, despite the temptation to investigate the practice in our investigation has been widely used, but the Basic Law has failed in the Code of Criminal Procedure expressly provided so. As practice, the temptation investigation have not been well regulated, resulting in human rights violations have occurred, visible, Construction of Police Entrapment in the system has become a pressing issue. In this paper, our investigation of the legal regulation of the temptation to the main line, around the question of the significance value of Encouragement, Encouragement measures of legal regulation of the two core, a study is divided into five parts.The first part of the lure of the basic theory of investigation. First of all, the temptation to define the concept of investigation, clear the temptation of this research investigation should be limited to the opportunity to provide type this, but not induced type of criminal intent. On the basis of the characteristics for the Encouragement of that investigation with the traditional means of differences. Then, the article on the Encouragement and Entrapment, undercover investigation, three sets of special circumstances the concept of detection of Discrimination, in order to more deeply understand the temptation to investigate the detection method.In the second part of the lure of the value of the significance of the investigation. First of all, point out the positive value, that the fight against crime, crime prevention. Secondly, the analysis of the negative value, which may result in violations of civil rights; violation of criminal law the principle of guilt own; a breach of faith values. On this basis, the author carried out this analysis, pointing out a little over see the positive value or negative Jiazhi are one-sided, but should be divided into two dialectically to view the Encouragement in the positive value and negative value should be to the long-term, and a holistic view of combating crime and protecting human conflict. And value from the legal point of view, the basis of strict regulations on the establishment of Police Entrapment necessary.In the third part of the lure of foreign study to compare detection system. Select the typical major common law countries the state’s Police Entrapment countries with civil law system of comparative analysis are intended to Construction of Police Entrapment provide theoretical and practical basis.The fourth part of the article on the status of Police Entrapment and analysis of the problem, first of all on the status of Police Entrapment and an analysis of the problems, their issues, including defining the fuzzy, lack of legislation, lack of appropriate supporting systems. On this basis, the temptation to investigate China’s basic attitude was discussed. This paper demonstrates the need for the establishment of Police Entrapment and possibilities.Part V of the article is the focus of the article, mainly discusses the Encouragement of Legal Regulation. First of all Police Entrapment discuss specific proposals, including the basic principles of Entrapment, the legislative model, applicable conditions, process control and relief measures. Secondly, the matching of Police Entrapment measures discussed, including the illegal evidence exclusion system and the police witness system.

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