诱惑侦查之陷阱抗辩诸问题探讨

A Probe into Some Problems of the Investigative Entrapment Defence

作为对付某些犯罪的有效侦查手段———诱惑侦查,由于具有容易侵犯被害人人身权益的倾向,因此应赋予被告一方维护自己权益的救济手段———提出侦查陷阱抗辩的权利;对陷阱抗辩之提出、陷阱抗辩之判断标准、陷阱抗辩之举证责任、陷阱抗辩成立之法律后果四个问题的探讨,为诱惑侦查的立法规范制约有所裨益。

Induced investigation,as an effective way to deal with some crimes,is likely to infringe the rights and interests of the accused parties.Therefore,the accused parties should be granted means of remedies-investigative entrapment defence for safe-guarding their rights and interests.This paper probes into the entrapment defence from its presentation,criterion of judgment;burden of proof and legal consequence,which will be conductive to the law making of induced investigation.