诱惑侦查获得证据证明能力之探讨

The Study of the Proof Qualifications of Evidence Obtained in the Police Trap

诱惑侦查是侦破犯罪、收集证据的行之有效的手段,但却面临着保障人权和打击犯罪的两难选择。为了最大限度地限制诱惑侦查的负面影响,有必要对诱惑侦查所取得证据证明能力进行规制。通过对诱惑侦查所获得证据采信规则的剖析,有必要对诱惑侦查获得证据的适法性要件进行考究,从而确立诱惑侦查所取得证据采信的合法性标准。

Police trap is one of the effectual means of collecting the evidence and tracking down the crime, while it confronts the dilemma of punishing the crime or protecting human rights. In order to limit the negative effects of police trap to the maximum extent, it is necessary to regulate the proof qualifications of the evidence ob- tained by it. By analyzing the admissibility rule of the evidence obtained by police trap, it is essential to discuss the legal elements of the evidence obtained by police the evidence obtained by police trap. trap, so as to establish the legal standards of admissibility of the evidence obtained by police trap.