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伴随社会发展的同时,我国的犯罪案件也是日益秘密化、智能化。以前通用的一些侦查手段已经不能满足刑法追究犯罪的需求。因此在这种社会背景下,诱惑性侦查也就应运而生。诱惑侦查作为一种特殊的侦查手段,虽然在我国法律上对其尚无明文规定,但在司法实践中却大量出现,其手段的合法性在理论上备受争议。对于此问题正当性研究,我国应区别地承认诱惑侦查的合法性。
Accompanying social development at the same time, our country’s criminal cases are increasingly secret and intelligent. Some common means of investigation before can no longer meet the needs of criminal law. Therefore, in this social context, temptation of the investigation also came into being. As a special means of investigation, temptation detection, although not expressly stipulated in the law of our country, appears in a large amount in judicial practice, and the legitimacy of its means has been controversial in theory. For the justification of this issue, our country should recognize the legitimacy of temptation investigation differently.