诱惑侦查与警察圈套之适法性分析

Legitimacy of Police Encouragement and Police Entrapment

诱惑侦查作为一种侦查隐蔽性犯罪和重大、复杂犯罪很有效的手段,已经被许多国家的立法所认可。基于侦查权的法定性、主动性和职责性,诱惑侦查是一种适法的侦查手段,但这一手段一旦被滥用,即构成警察圈套。而警察圈套与刑法、刑罚的根本目的以及人性相悖,不具有适法性。

As to the hidden crime and complex criminal cases, police encouragement is an effective investigative technique. At present, it has been accepted in many countries. In the field of legislation, police encouragement is legitimate, because the investigation right is legal, initiative and responsibility. Once abusing police encouragement, it will constitute police entrapment. But police entrapment is illegal, because it is against the purpose of criminal law and human nature.