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自20世纪初,随着各种新型犯罪特别是所谓“无被害人犯罪”的猛增,加之犯罪手段的日益先进,对我国传统的侦查手段提出了严峻的挑战,利用常规侦查手段已很难有效地侦破,甚至发现这些案件。为了与这些特定的“无明显被害人”的犯罪行为作斗争,不少国家赋予了侦查机关某些特殊侦查行为的权利。但是由于立法层面的混乱,导致诱惑侦查在实施过程无法可依,常常发生侵犯人权的现象。在新刑诉法中对秘密侦查有些制度上的规制,这可以说是一种进步。但它没有对各种秘密侦查手段作一个明细的规定,而属于秘密侦查的诱惑侦查仍然处于一种尴尬的境地。
Since the beginning of the 20th century, with the surge of all kinds of new crimes, especially the so-called “victimless crimes” and the increasing sophistication of criminal means, the traditional means of investigation in our country have posed severe challenges. The conventional means of investigation have become very common Difficult to effectively detect and even found these cases. In order to combat these specific “no obvious victims” crimes, many countries have given the investigating authorities some special investigative rights. However, due to the chaos of the legislative level, the temptation to detect incidents can not be implemented in the implementation process and human rights violations often occur. There is some institutional regulation of secret investigation in the new Criminal Procedure Law, which can be said to be an improvement. However, it did not make detailed provisions on all kinds of secret investigation methods, and the temptation investigation that belongs to secret investigation is still in an awkward position.