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在我国,随着近年来刑事犯罪日益朝着智能化、隐蔽化、团伙化的方向发展,传统的侦查手段愈显捉襟见肘,诱惑侦查作为一种新型的侦查手段在实践中得到了大量运用,在某些特殊犯罪的侦查中甚至成为一种常用方法。但是,由于目前我国法律对这一侦查手段并未作出明确规定,诱惑侦查长期处于无序的状态。反映到实践中,公检法部门对于案件处理结果不一致,既不利于当事人权利的保护,也不利于犯罪控制。本文试图通过透析我国诱惑侦查中存在的问题,探讨我国诱惑侦查法制化的基本思路。
In our country, with the development of intelligence crime, concealment and ganging, the traditional means of investigation have become more and more stretched. In recent years, temptation investigation has been widely used in practice as a new type of investigation means. The investigation of some special crimes has even become a common method. However, due to the fact that China’s current law does not clearly stipulate this means of investigation, temptation investigation has long been in disorder. Reflected in practice, the public prosecution department’s handling of the case inconsistent results are not conducive to the protection of the parties rights, but also not conducive to crime control. This article tries to probe into the basic idea of the legalization of temptation investigation in our country through dialysis the problems in temptation investigation of our country.