面对日趋智能化和隐蔽化的刑事犯罪,诱惑侦查这一新型侦查方式作用突出。2012年3月14日,新《刑事诉讼法》出台,将诱惑侦查确立其中,从而使其运行有法可依并受到程序规制。但基于实践中“钓鱼执法”等类诱惑性侦查行为屡屡遭到社会诟病,笔者认为有必要详细论述诱惑侦查合法化的理论依据。 The face of increasingly intelligent and hidden criminal, temptation to detect this new type of investigation is prominent. On March 14, 2012, the new “Code of Criminal Procedure” was promulgated to establish temptation in order to make its operation law-based and subject to procedural regulation. However, based on the practice of “fishing law enforcement” and other types of seductive investigations have repeatedly been criticized by the community, I think it is necessary to discuss in detail the theoretical basis for the temptation to detect legalization.