美国规制诱惑侦查的法理评介

The Introduction and Evaluation of the Regulation of the Encouragement in USA

诱惑侦查 ,是刑事诉讼中一种特殊的侦查手段 ,其不当适用可能导致侦查陷阱。在美国判例法上 ,从对侦查陷阱的宽容态度到“陷阱之法理”再到“正当程序抗辩”,围绕诱惑侦查的合法性问题 ,演绎了规制侦查权的艰难历程 ,折射出侦查程序中关注人权保障的深层底蕴。由此得到启示 ,我国目前实践中诱惑侦查的无序状态也亟待法律规范。

Encouragement is a special investigation measure of criminal proceedings; it well perhaps results in police entrapment if the measure is used inappropriately. There is a arduous procedure involving the control of the investigation right whose core is the problem of the legality of the Encouragement in the American Case Law System, from the toleration to the Entrapment to the Law of Entrapment, thus to Due Process Defense. It reflects the deep-seated fundament of the guarantee of the human right in the investigation procedure. There is a desperate need of the regulation about the disorder of the Encouragement in the Chinese investigation practice nowadays and, the development of the control of the investigation right and the evaluation that is based on will give us enlightenment.