摘要
诱惑侦查可分为机会提供型诱惑侦查与犯意诱发型诱惑侦查。前者是合法的、狭义的诱惑侦查,其以结果无价值和法益衡量说为法理基础而合法化;后者是非法、广义的诱惑侦查,其表面上符合陷害教唆但实质上应属于滥用职权罪。将刑法原理引入侦查学(域,有利于增强侦查学的学科基础。
The enticement detection may divide into the opportunity to be provided one and the criminal intent inducing one. The former is legitimate, the narrow sense enticement detection, it takes the worthless and legal interest in the results as the legal basis for the measure but legalized; the latter is illegal, the generalized enticement detection, from its surface, it meets the framed abetting but it should be supposed to belong to the misuse of authority crime essentially. The introduction of criminal law principle into Criminal Investigation field, is advantageous to strengthen the basis of Criminal Investigation.
出处
《犯罪研究》
2011年第2期65-70,共6页
Chinese Criminology Review
关键词
机会提供型诱惑侦查
犯意诱发型诱惑侦查
结果无价值
法益衡量说
陷害教唆
opportunity to be provided enticement detection
the criminal intent inducingenticement detection
results worthless
the law profit weight said
framed abetting
