控制下交付与诱惑侦查的边界及其勘定

Boundary of Controlled Delivery and Inductive Investigation and Its Surveyvt

对于控制下交付与诱惑侦查的关系问题,中国大陆地区、中国台湾地区和外国的理论界与实务界存在不同的观点,其中混淆控制下交付与诱惑侦查之间的关系是一种很突出的现象,由此蕴含了巨大的执法风险。通过比较研究可以发现,诱惑侦查和控制下交付在行为方式、定义、适用对象、合法性及其判断标准、适用空间范围等方面存在明显的差异,二者应该属于完全不同的两种侦查行为。

There are different views between theorists and practitioners who are from China's Mainland,Taiwan and foreign countries about how to understand the relationship between controlled delivery and entrapment. There have been misunder-standings about these two investigative techniques both in the theoretical and practical field , which contains a huge law enforcement risk. Through a comparative study we can be find,there are five difference between controlled delivery and entrapment, which is reflected in behavior, definitions, objects of application, legitimate criteria , the scope of application,and so these two investigative techniques should belong to completely different investigative behaviors.