诱惑侦查之陷阱抗辩诸问题探讨

作为对付某些犯罪的有效侦查手段———诱惑侦查,由于具有容易侵犯被害人人身权益的倾向,因此应赋予被告一方维护自己权益的救济手段———提出侦查陷阱抗辩的权利;对陷阱抗辩之提出、陷阱抗辩之判断标准、陷阱抗辩之举证责任、陷阱抗辩成立之法律后果四个问题的探讨,为诱惑侦查的立法规范制约有所裨益。

A Probe into Some Problems of the Investigative Entrapment Defence

Induced investigation,as an effective way to deal with some crimes,is likely to infringe the rights and interests of the accused parties.Therefore,the accused parties should be granted means of remedies-investigative entrapment defence for safe-guarding their rights and interests.This paper probes into the entrapment defence from its presentation,criterion of judgment;burden of proof and legal consequence,which will be conductive to the law making of induced investigation.