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钓鱼执法的不良影响引起了行政执法方式的全面反思。刑事领域中,钓鱼执法的孪生兄弟诱惑侦查同样也值得反思。诱惑侦查本质上具有法益侵害性;在罪责承担方面也与罪责自负理论背道而驰;从行为表现看来,诱惑者与被诱惑者构成了共同犯罪;对被诱惑者追究责任也违反了刑罚的目的。诱惑侦查虽然在毒品案件侦查中被不同程度的运用,但其在刑事实体上仍然具有明显的危害。
The adverse effects of fishing law enforcement caused a comprehensive reflection of the way of administrative law enforcement. Criminal areas, fishing law enforcement twins temptation investigation is also worth considering. Temptation investigation is intrinsically legal and intrusive. It also runs counter to the theory of guilt and self-responsibility when it comes to the guilty plea. From the behavioral perspective, the tempter and the tempted person constitute a common crime. It is also a violation of criminal purpose to hold the tempted person accountable. Although temptation detection is used to different degrees in the investigation of drug cases, it still has obvious harm in the criminal entity.