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诱惑侦查作为一种带有引诱性的特殊的侦查手段,我国立法尚未作出明确、具体的规定,而从国内外运用这种手段的利弊看,如果对诱惑侦查的使用不加以限制,往往会出现侦查人员滥用侦查权力而侵犯公民权利,或执法人员倚仗国家权利参与犯罪等违法现象,影响刑事诉讼的合法公正。本文在考察、借鉴各主要法治国家诱惑侦查经验的基础上,提出了对我国诱惑侦查进行司法控制的构想。
Temptation investigation as a kind of special investigative method with seductiveness, our country’s legislation has not yet made a clear and specific provisions, and from the pros and cons of the use of such means at home and abroad, if the temptation to use the investigation is not limited, often appear Investigators abuse their investigative powers to violate civil rights, or law enforcement officers rely on state rights to participate in crimes and other illegal phenomena, affecting the legal fairness of criminal proceedings. Based on the investigation and drawing lessons from the temptation investigation experience of all the major countries under the rule of law, this article puts forward the conception of judicial control over temptation investigation in our country.