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鉴于现代社会日益猖獗的违法形势以及行政诱惑手段在立法中缺失、实践中大量存在的现状,本文希望通过立法赋予这种特殊取证手段以正当化的地位。一方面,可以为行政主体采用诱惑取证提供法律上的依据,从而避免因调查机关适用该手段而造成“故意陷人入罪”的不良社会影响,同时也可减少被追惩者因诱惑取证受到处罚时心理上的不满和对抗情绪。另一方面,也意味着以法律形式对诱惑取证进行必要规制,有助于克服取证行为中的恣意因素,从而对公民合法权益进行有效的保护。
In view of the increasingly rampant illegal situation in modern society and the lack of executive temptation in legislation and the status quo in existence that exist in large numbers in practice, this article hopes to give this special legal evidence legal legitimacy through legislation. On the one hand, it can provide the legal basis for the administrative body to use the temptation to obtain evidence to avoid the adverse social influence of “intentional encroachment” caused by the investigation organ’s application of the means and also reduce the temptation of being pursued by punished persons Forensic punishment by the psychological dissatisfaction and confrontation emotions. On the other hand, it also means that it is necessary to regulate the temptation to obtain evidence in the form of law, which can help to overcome the arbitrary factors in the act of evidence collection and effectively protect the legitimate rights and interests of citizens.