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作为一种特殊的侦查手段,诱惑侦察对于重大案件的侦破发挥了重要的积极作用,但其合理性和合法性仍然受到了不容忽视的质疑。打击罪犯和人权保障的平衡也对诱惑侦查的法律规制提出了现实要求,即避免警察权力的滥用和无辜的人受害。而基于公平、公正的精神,对因诱惑侦查而被逮捕的被告人的完全责任追究应当止于诱惑侦查之前既定的犯罪事实,对于在“诱惑”之下而实施的犯罪行为的责任应当适当减免。
As a special investigative method, temptation reconnaissance has played an important and positive role in the detection of major cases, but its reasonableness and legality are still being questioned. The balance between the fight against criminals and the guarantee of human rights also poses a realistic requirement for the legal regulation of temptation investigation, that is, to avoid the abuse of police power and the victimization of innocent people. On the basis of fairness and impartiality, the investigation of the complete liability of the accused who was arrested for temptation investigation should be limited to the established criminal facts before temptation investigation, and the responsibility for the criminal acts committed under “temptation ” should be Appropriate relief.