On Legal Regulation Of Entrapment In China

As a special measure of criminal detection, encouragement detection is widely used by police force against some new-type crimes such as drug crime, false currency crime and smuggling crime etc. This kind of detection which is favored increasingly by police force is also the focus of many scholars to dispute at home and abroad. What is encouragement detection? What is its legitimacy standard? How to balance various law conflicts during encouragement detection in China? How to regulate encouragement detection in China on the basis of studying the regulation and application of encouragement detection in foreign countries? All these problems are important tasks in the legislation of criminal procedure law in China. This article tries to carry on a preliminary discussion on above questions.This thesis includes four parts.The first part mainly defines the basic theories of encouragement detection which includes its concept, characteristic, categorization, law conflicts and legitimacy standard.The second part gives the limited application theory of encouragement detection on the basis of studying foreign country's legislation and application of encouragement detection.The third part analyzes the existing problems of encouragement detection in theory and practice in our country. The fourth part puts forward some propositions of constructing encouragement detection in China on the basis of drawing lessons from limited application theory of foreign countries. These propositions include legislation controlling, judicatory controlling and relieving measures.