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诱惑侦查是一种侦查手段,是侦查部门针对特定案件而采取的特殊侦查措施。由于诱惑侦查打击犯罪的有效性,因此在实践中应用较为普遍,但是我国现行立法却未对诱惑侦查手段加以明确。关于这种特殊侦查手段的合法性问题,社会普遍存在较大争议,甚至对诱惑侦查产生质疑,有的观点认为诱惑侦查不合法,是对犯罪嫌疑人合法权利的侵害。本文首先对诱惑侦查的概念进行阐述,然后对我国侦查部门适用诱惑侦查的现实状况以及诱惑侦查可行性等问题进行深入探讨。
Temptation detection is a means of investigation, is the investigation department for a specific case to take special investigation measures. Due to the temptation to detect the effectiveness of the crime against crime, it is more common in practice, but the current legislation in our country does not clarify the means of temptation investigation. With regard to the legitimacy of this special investigative method, there is widespread controversy in society and even questioned the temptation investigation. Some people think that the temptation to investigate is illegal and is a violation of the legitimate rights of criminal suspects. This article first describes the concept of temptation investigation, and then probes into the practical application of temptation investigation and the feasibility of temptation investigation in our country’s investigation department.