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论“诱惑侦查”对犯罪主观方面的影响及立法构想
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[内容提要] “诱惑侦查”作为一项特殊的侦查制度或者措施正在有限制地应用于我国的刑事诉讼之中。本文以“诱惑侦查”的定义和特征为引,分析“诱惑侦查”的类型,进而阐述“诱惑侦查”对犯罪主观方面的影响,以界定“诱惑侦查”的合法性与非法性,并谨慎地提出在我国刑事诉讼中建立和完善“诱惑侦查”制度的立法构想。 [Summary] As a special investigate system or measure, "allure to investigate " is limitedly applied among the criminal lawsuit of our country. With the definition and the characteristic of " allure to investigate ", this article analyses the types of " allure to investigate ", and then elaborates that " allure to investigate " influence subjective aspect of committing a crime, so that to define the legality and illegality of " allure to investigate ", and carefully puts forward the idea of lawmaking about how to constitute and perfect the system of " allure to investigate "among the criminal lawsuit of our country.
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