对立统一:诱惑侦查与公民权利保护的双重分析

Opposition and Unification: Dual Analyzes of the Enticement Detection and the Citizen Right Protection

诱惑侦查的运用与公民权利保护始终是一对矛盾,如何解决二者之间的矛盾与冲突是立法者和司法者共同面临的课题。本文结合我国的刑事司法实践,从诱惑侦查的概念、各国关于诱惑侦查的立法和实践、诱惑侦查对公民权利的影响和我国对诱惑侦查的法律规制四个方面对该问题展开论述。

The enticement solve the contradiction and face. This paper is on the practice on the detect, the detection and the citizen right protection is forever one pair of contradictory, how to reconflict between them is the same topic which the legislator and the judicature together issue from the following four aspects ： the concept of the detect, national legislation and impact to the civil rights as well as our legal control system on the problem.