论我国诱惑侦查的法治化

On Legalization of Enticement Investigation in China

诱惑侦查作为刑事侦查的一种特殊手段,可以有效侦破案件并控制犯罪,较为广泛地运用于我国的司法实践,但鉴于我国立法对此问题的缺失,在实践中也出现了一些侵犯人权的现象,影响了我国法治化的进程。因而必须对诱惑侦查进行合理规制,明确规定其适用范围、适用对象、实施的方式和程序,从而使其走上法治化的道路。

As a special means, enticement investigation effectively detects legal cases and controls commitment of crimes, and it is applied extensively to judicial practices in judicature in China. However, owing to some imperfections in legislation accompanied by some cases of infringement on the human rights during some judicial practices the process of legalization in China is hampered. Therefore, the enticement investigation should be rationally regulated, and the scope and object of adaptability, form and procedure of enforcement should be clearly specified with the aim of achieving the goal of legalization.