"诱惑"的魅力与毒刺——从证据法角度浅析诱惑侦查

诱惑侦查作为一种实效性极强的侦查方式日益受到侦查实践部门的青睐。诱惑侦查带有一定程度的欺骗性,与刑事追诉中的基本价值追求相矛盾,备受争议。各国在放松对诱惑侦查禁止性规定的同时,又严格加以限制,力图充分利用这一可能严重侵害公民合法权益的侦查手段,平衡价值上的冲突。诱惑侦查所获证据之效力应坚持有限可采性,侦查人员实施的犯罪行为之刑事责任的证据应坚持有限豁免性。

The Charm and Negative Impact of Entrapment

As a way of investigation with strong practical effect,investigation entrapment has attracted increasing attention from practical departments of investigation. It's of controversy as its somewhat deception contradicts with the basic value pursuit in criminal prosecution.Various countries strictly control entrapment investigation while relaxing the prohibition regulations at the same time,trying to take advantage of this means of investigation which may seriously endangers citizens' lawful rights and benefits to balance the conflicts of value.Proofs obtained from the entrapment investigation should be adopted limitedly,and the limited immunity should be insisted on as for the evidences for criminal responsibility of crime behaviors committed by investigators.