摘要：随着刑事司法改革的进行，法律要求刑事司法活动实现人权保障与打击犯罪的双重目的。诱惑侦查是指侦查人员或其协助者，为了侦破某些极具隐蔽性的特殊案件，依照法律的明确规定设计某种诱发犯罪的情境，或者根据犯罪活动的倾向提供其实施的条件和机会，待犯罪嫌疑人进行犯罪或自我暴露时当场将其拘捕的一种特殊侦查手段。诱惑侦查手段的行使，在强调其打击犯罪功能实现的基础上，还要注重人权保障的功能。这就要求诱惑侦查的使用，以及诱惑侦查使用的程度有多深应该在法律或者法律的可预期范围内。这才是符合法治发展和人权保障的要求的。2012年《刑事诉讼法》的修订对诱惑侦查制度的内容进行了法律层面的规制，具有深远的意义。
关键词：诱惑侦查 方法 规制 策略
Abstract: with the development of criminal judicial reform, legal requirements for criminal justice activities in the realization of human rights protection and crime dual purpose. The temptation investigation refers to the investigation personnel or their assistance, in order to solve some highly covert special cases, in accordance with the law explicit stipulation to design some induced crime situation, or on the basis of criminal activities tend to provide the opportunities and conditions, the suspects for the crime or self exposure on the spot, the arrest of a special reconnaissance means. The temptation investigation by means of exercise, emphasizing its crime function on the basis of the realization of human rights protection, but also pay attention to the function of. This requires the use of temptation investigation, as well as the temptation investigation using the degree in law or law should be expected range. This is consistent with the development of the rule of law and human rights protection requirements. In 2012 the" Criminal Procedure Law" revision of enticement investigation system of the contents of the legal regulation, has the profound significance.Key words : the temptation investigation method regulation strategy
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第1个回答 2012-05-19
Along with the criminal judicial reform, legal requirements for criminal justice activities in the realization of human rights protection and crime dual purpose. The temptation investigation refers to the investigation personnel or their assistance, in order to solve some highly covert special cases, in accordance with the law explicit stipulation to design some induced crime situation, or on the basis of criminal activities tend to provide the opportunities and conditions, the suspects for the crime or self exposure on the spot, the arrest of a special reconnaissance means. The temptation investigation by means of exercise, emphasizing its crime function on the basis of the realization of human rights protection, but also pay attention to the function of. This requires the use of temptation investigation, as well as the temptation investigation using the degree in law or law should be expected range. This is consistent with the development of the rule of law and human rights protection requirements. In 2012 the" Criminal Procedure Law" revision of enticement investigation system of the contents of the legal regulation, has the profound significance.
Key words : the temptation investigation method regulation strategy
Key words : the temptation investigation method regulation strategy
