诱惑侦查的适用困境与规则重构

随着"以审判为中心"诉讼制度改革的推进,侦查权滥用所致侵犯犯罪嫌疑人合法权益的现象被严格禁止。作为一种特殊的侦查方式,诱惑侦查在服务于打击犯罪的同时亦需关照人权保障之价值。鉴于当前诱惑侦查存在适用范围模糊、缺乏有效监督、证据制度疏漏等适用困境,呈现出明显的"重打击、轻保障"倾向,以专门的司法解释和相关的典型案例为指导,科学划定其适用界域、加强内外监督一体化、统一证据合法性标准,应不失为诱惑侦查法治化的一种有益进路。

The Application Dilemma of Temptation Investigation and the Reconstruction of Rules

With the advance of the trial-centered reform of litigation system, the infringing on the legitimate rights and interests of criminal suspects caused by the abuse of investigative power,is strictly prohibited. As a special investigation method, the temptation investigation should also pay attention to the value of human rights protection while fighting against crime. In view of its current application dilemma, such as the vague application scope, the lack of effective supervision, and the insufficiency of the evidence system, which shows an obvious tendency of "more strike and less protection", we should scientifically delimit its application boundary, strengthen the integration of internal and external supervision, unify the standard of evidence legality, and establish and improve the corresponding sanction system under the guidance of special judicial interpretations and relevant typical cases, which could serve as a useful way for the legitimate temptation investigation.