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作为一种特殊侦查手段,诱惑侦查在侦查实践中发挥了一定积极作用。现行立法未对诱惑侦查的合法与违法的界限作出明确界定,导致实践中侵犯公民权利的违法诱惑侦查时有发生。现有理论对违法诱惑侦查的界定却过于简单化,难以涵盖实践中的各种具体情形,使司法权难以对诱惑侦查行为进行控制,因此有必要对违法诱惑侦查的判断标准进行重新界定,以期在打击犯罪和保障人权二者之间取得平衡。
As a kind of special investigation means, temptation investigation played an active role in investigation practice. The current legislation does not make a clear definition of the boundary between the lawfulness and the lawlessness of the temptation investigation, which leads to the temptation to illegally invade the citizen’s rights in practice. However, the definition of temptation investigation is too simplistic, it is difficult to cover all kinds of circumstances in practice, so that it is difficult for judicial power to control the temptation investigation. Therefore, it is necessary to redefine the judgment standard of temptation investigation, Strike a balance between fighting crime and safeguarding human rights.