试论诱惑侦查制度缺陷及完善构想

A Trial Discussion on the Defects of Tempting Investigation System and its Perfection

诱惑侦查作为侦查机关为侦破刑事案件所经常使用的一种特殊手段,其理论和实践中存在一些认识上的误区,如界定合法诱惑侦查与非法诱惑侦查的标准不科学;对使用诱惑侦查的前提限定不正确,应该予以立法规制。

Tempting investigation is a special means to investigate criminal cases. There exist disputes in theory and there is no clear prescription in legislation. As a result, tempting investigation is often abused in practice. This paper tries to define the concept and characteristics of tempting investigation by analyzing several typical cases and offer some legislative concepts to regulate tempting investigation system.