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从法律维度观察,“诱惑调查”是违法的,从行政维度观察它又极具存在之必要,存废之间,颇有争议。在法治背景下,判断一种行政行为方式应该存废与否,至少需要在“法律”和“行政”二维之间进行价值比较。“诱惑调查”是一种只顾行政效果的实现,而罔顾行政法律规定和行政法的精神及基本原则的行为方式。它不符合现代法治行政的要求,故应该予以禁止。
From the perspective of legal dimension, it is against the law to “seduce the investigation,” and it is quite controversial to observe from the administrative dimension the necessity of its existence as well as its existence. In the context of the rule of law, judging whether an administrative act should be abolished or not requires at least a comparison of values between the “law” and the “administrative” two-dimensional. “Seduction investigation ” is a way of behavior that focuses on the realization of administrative effects and ignores the laws and administrative laws and the spirit and basic principles of administrative law. It does not meet the requirements of modern rule of law and should be banned.