诱饵侦查与警察圈套研究

Decoy Investigation and Police Traps

鉴于诱饵侦查被广泛运用的现实,我们不得不重视这样的一些问题:侦察机关依据国家权力在侦察中诱使他人实施犯罪,是否属于违法侦查?审判实践中,应以什么标准来衡量,认定该诱惑侦查是否合法?应如何用法律制度对诱饵侦查进行规制?……对此,我国立法及司法还缺乏具体规定,而从国外运用这种手段的利弊看,如果对诱惑侦察不加以规制,往往会出现滥用诱惑侦察而侵犯公民人格权,或执法人员依仗国家权力参与犯罪等违法现象,影响刑事诉讼的合法、公正。因此,在侦察机关普遍运用诱惑侦察手段的现实状况下,如何对运用这一手段进行规制,成为我国保障刑事诉讼的合法、公正性的一个重要研究内容。

In view of the wide use of decoy investigation,we have to pay attention to the following prob-lems.The investigation organs entrap others to commit crimes by the use of their power in doing investigationwork.Does this belong to illegal investigation?In judicial practices,what standards should we use to judge anddetermine whether decoy investigation is legal or illegal?How should we regulate decoy investigation by legalregulations?The legislative organs and the judicial law of our country don't have specific stipulations.Judgingfrom the advantages and disadvantages of foreign countries in adopting this means,we can see that abuse of de-coy investigation tend to infringe the citizens' right of personality,or that law enforcement officers may join inthe crime relying on his power granted by the state,which affects legal and impartial criminal procedures.Therefore,under the actual situation of the wide use of decoy investigation means by investigation organs,howto regulate this means has become an important subject for study in order to ensure legal and impartial crimi-nal procedure in our country.