"警察圈套"之合法性分析

“警察圈套”是美国刑法合法辩护中的一项内容。在我国的司法实践中也存在利用“警察圈套”来侦破案件的情况。从刑罚的目的———预防犯罪与犯罪产生的原因及刑法公正性的角度看 ,“警察圈套”背离了现代司法、侦查活动的公正价值 ,有损于政府的威信。因此 ,“警察圈套”的合法性值得质疑

Analysis on Legality of Entrapment

Entrapment is a legal means of defense in American criminal law. Meanwhile, there are circumstances where entrapment being used in Chinese judicial practice. However, entrapment, from the angle of the purpose of punishment, i.e., crime prevention, and the causes of crimes as well as criminal justice, is a deviation from the value of modern justice and investigative activities, therefore, is harmful to the prestige and reputation of the government. From this starting point, the legality of entrapment should be challenged.