我国诱惑侦查之现状及法律规制

诱惑侦查是指侦查人员设置圈套或诱饵,暗示或诱使侦查对象暴露其犯罪意图并实施犯罪行为,待犯罪行为实施时或结果发生后,拘捕被诱惑者。作为一种特殊的侦查形式,因其成功侦破特殊类型的犯罪案件的高效性而在我国得到越来越多的运用。但这一侦查手段在实践运用中存在许多问题。我们可借鉴国外的法理和实践,从侦查目的、侦查模式及法治化要求的角度对诱惑侦查全面分析,并对其有效规范和制约,以更好地发挥其作用,规避其危险性。

On the enticement investigation and the legislative building

The enticement investigation is a trap or bait set up by investigators,which imply or induce investigation revealed his criminal intent and implementation of targeted crime.When the crime is implemented or the outcome of criminal acts occurred,the man could be arrested.As a form of a special investigation,the use become more and more popular in China because of the high efficiency in detection of specific types of criminal cases.However,when weuse the means of investigation,we have many problems in practice.We can analysis the investigation temptation,the law regulation of investigation temptation by learning from the law and practice abroad,from the investigation,detection patterns and the rule of law.And then we can regulate and restrict it and avoid danger.