浅论刑事诱惑侦查的立法构建

A Probe into Legislation of Decoy Investigation

近年来,诱惑侦查已被广泛运用于我国的司法实践中,但在立法层面上却仍处于缺位状态,因此它的实施正当性问题也普遍受到质疑。虽然诱惑侦查表现出了司法权利对公民权利的限制和制约,但它对特殊案件的侦查确实发挥着巨大作用。因此,有必要遵循国际通行做法,尽快在立法层面上对诱惑侦查行为的实施作出立法规制,以促进侦查法治化,并平衡犯罪控制和人权保障这二者之间的冲突。

In recent years, the decoy investigation has been commonly used in the judicial practice. However, the ground of this practice can not been found in any legislation. Decoy investigation, like a double-bladed sword, plays great importance in the investigation of some special cases on the one hand ; on the other hand, the misuse and overuse of the decoy investigation become the threat to the civil rights. Therefore, there is an urgent need for us to regulate legislation for decoy investigation, further real- ize legalization of investigation, and balance the conflicts between the crime control and the guarantee of the human rights.