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诱惑侦查是一种由侦查机关实施诱惑而诱使侦查对象实施犯罪并将其抓获的侦查手段。如果对诱惑侦查不加以规制,往往会出现滥用诱惑侦查而侵犯公民权利或执法人员依仗国家权利参与犯罪等违法现象,影响刑事诉讼的合法公正。本文通过对我国运用诱惑侦查手段的现状和存在的问题进行分析,借鉴美国等一些运用诱惑侦查手段较早的国家关于诱惑侦查的法理和规定,提出了我国规制诱惑侦查的措施。
Temptation investigation is a kind of investigation means that tempts the investigating organ to induce the criminal suspect to commit the crime and capture it. If the investigation of temptation is not regulated, there will often be abuse of temptation to investigate violations of civil rights or law enforcement officers relying on state rights to participate in crimes and other illegal phenomena, affecting the legal fairness of criminal proceedings. This article analyzes the status quo and existing problems of temptation detection in our country and draws lessons from the jurisprudence and rules of temptation investigation by some countries such as the United States that use temptation investigation earlier to come up with measures to tempt the investigation of regulation in our country.