导诱侦缉行动探析

An Analysis of Guided Detective Action

2012年《中华人民共和国刑事诉讼法》修订案使用但书禁则条款间接规制了“诱惑侦查措施”,引起学术界的高度关注。但是相关论证多为比较研究和法理探究,实务探讨相对不足。“诱惑侦查”在实践中依然处于滥用、乱用或不敢用等执法混乱状态,存在概念模糊、非法启动和操作失范等诸多问题。因此,有必要探索一条根植于国内侦查行为操作的实证研究路径,应从相关概念辨析入手,可正名为“导诱侦查措施”。要梳理其实践类型和适用情形,探讨其合法性边界,阐释其战术原则,才有可能合法合理地运用好这项“侦查利器”,推进秘密侦查法治化进程。

In 2012, the amendment to the Criminal Procedure Law of the People’s Republic of China indirectly regulated the "temptation investigation measures", which has attracted high attention from the academic community. However, the relevant argumentation is mostly comparative study and jurisprudential inquiry, and practical discussion is relatively insufficient. In practice, "temptation investigation" is still in a chaotic state of law enforcement, such as abuse, misuse or dare not use, and there are many problems such as fuzzy concept, illegal start and operation anomy. Therefore, it is necessary to explore an empirical research path rooted in domestic investigative behavior operation. Starting from the analysis of related concepts, it can be called "guiding investigative measures". It is necessary to sort out its practice type and application situation, explore its legal boundary and explain its tactical principles, so as to make good use of this "investigative weapon" legally and reasonably and promote the process of legalization of secret investigation.