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近年来,随着一些行政违法案件日益组织化、智能化、秘密化,采用常规的检查手段已经难以满足打击行政违法行为、制裁违法行为人的需要,于是刑事司法中的诱惑侦查手段越来越受到一些行政执法部门的青睐。从目前我国行政执法的实际状况来看,在公安、交通、技监等行政机关的行政执法活动中,行政执法机关使用诱惑方法进行执法活动,也即是本文所称的“钓鱼式”行政执法。“钓鱼式”行政执法是否具有合理性和合法性,可谓众说纷纭、莫衷一是。本文运用依法行政理论对此试作评析。
In recent years, as some administrative cases of law-breaking have become more and more organized, intelligent and secretive, it has been difficult to meet the needs of cracking down on administrative violations and sanctions against those who conduct illegal acts by using routine inspection methods. Therefore, the means of temptation in criminal judiciary increasingly By some administrative law enforcement departments of all ages. Judging from the actual situation of administrative law enforcement in our country, in the administrative law enforcement activities of public security, transportation, technical supervision and other administrative organs, the administrative law enforcement agencies use the temptation to carry out law enforcement activities, which are also referred to herein as “phishing” law enforcement. “Fishing type ” Whether the administrative law enforcement is reasonable and legitimate, can be described as divergent opinions, implausible. This article uses the theory of administration according to law to comment on the trial.