论行政执法中的“诱惑取证”

On "Alluring to Forensics" in Administrative Law Enforcement

随着经济、社会的不断发展与进步,犯罪的方式和种类日益增多,犯罪技巧及犯罪嫌疑人规避法律的能力也日益增强。行政执法中的"诱惑取证"作为一种特殊执法手段便应运而生,且具有其存在的必要性及合理性。但由于诱惑性执法手段的滥用或不适当使用,易导致本无违法意图或倾向的公民犯法。因此,对于"诱惑取证"应从程序上进行严格控制,对其适用主体、适用范围等都作出严格的限制。"诱惑取证"一旦被滥用,即构成"钓鱼执法",此即严重侵犯了公民的合法权益。

With the development of society, the way and the kind of crime are increasing; crime skills and the a bility of the suspect to circumvent the law are also increasing. The ＂alluring to forensics method＂ in administrative law enforcement, as a special law enforcement means, has its existence value and rationality. However, because of the abuse or excessive use of this method, it is easy to cause the person who has no crime intentions to become a criminal. Therefore, this method should be strictly limited from the legal procedure regarding the applying subject and scope etc. Once this method is abused, it becomes ＂entrapment＂, which seriously violates the legal rights of citizen.