诱惑侦查法治化探究

Investigation of Temptation Legalization

诱惑侦查是公权力机关在打击违法犯罪的同时升华出的司法智慧,然而这一司法利剑亦逃不出双刃性的魔咒,时时有着侵犯相关人合法权益的风险。解读当下诱惑侦查的适用现状,从法治的维度构建诱惑侦查的启动机制、监督机制、评价机制及权益保障机制,是坚持诱惑侦查法治化,探寻打击犯罪与人权保障之平衡点的时代要求。

The temptation investigation is the judicial wisdom sublimated in the fight against illegal crime by public power authority. However, it also couldn＇t escape the character of two-edged sword. It always has the risk of infringing on lawful rights and interests of the relevant person. The application of the interpretation of the temptation investigation now, the construction of temptation investigation mechanism, supervision mechanism, evaluation mechanism and the rights and interests safeguard mechanism from the dimension of rule of law, are demands of the time to insist temptation legalization, explore the balance between the crime and the requirements of human rights protection.