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Fishing law enforcement, listen to the pronunciation.
Fishing law enforcement, Britain and the United States call it a Sting Operation, which is a special concept in the Anglo-American legal system. Like self-defense, it is the reason why the parties are not guilty. From a legal point of view, the parties concerned have no intention of breaking the law, but were lured by law enforcement officers to engage in illegal activities. Of course, the state should not punish such behavior. If this kind of behavior is not properly used, it will lead to crime and cause serious social problems. It is worth noting that in the American judicial system, there is a thin red line between fishing law enforcement and fishing law enforcement. If the operation is improper, it will turn fishing law enforcement into a trap and let the law enforcers break the law themselves.
"fishing law enforcement" in administrative law enforcement is similar to "temptation investigation" or "temptation to obtain evidence" in criminal investigation.
In history, some cases with complicated cases and difficulties in obtaining evidence often adopted the way of fishing law enforcement. The United States is a country that has implemented fishing law enforcement more, leaving many famous cases. However, fishing law enforcement is somewhat induced and has always been controversial.
Law enforcement agencies around the world also use similar methods, such as the police playing addicts to buy drugs from drug dealers. However, "entrapment" has strict control requirements and certain preconditions. In other words, this set itself cannot be used as evidence against criminals.
Civil law countries also have strict restrictions on this. Japanese law prohibits law enforcers from luring the parties with illegal intentions in order to obtain evidence, because this is an infringement of the personal self-discipline of the parties by state public rights.
Chinese name
snare
Foreign name
snare
Another name
Law enforcement trap
area of application
Collection of legal evidence
Because listen to this voice.
Lured by the economic interests of law enforcement (such as rewarding drugs according to quantity, investigating illegal cars, prostitution, gambling, etc. ), our "fishing law enforcement" is likely to flood in administrative law enforcement, criminal investigation and other fields. The problem that happened before us is not the most serious. As far as investigating and dealing with illegal cars is concerned, in March 2008, the driver of an illegal car in Fengxian District, Shanghai was taken into the "law enforcement ambush zone" by the so-called "female investigator" and stabbed the female investigator in the car with a knife in front of law enforcement officers (Oriental Morning Post, March 9, 2008). In the past, there were incidents in Shanghai where black car drivers kidnapped so-called "barbs" to vent their anger.
Earlier, the media also revealed that in Gansu Province, in just one year, some policemen from three different public security organs cooperated with the same drug dealer to create three "drug trafficking cases", which led to two people being sentenced to death in the first instance and one person being sentenced to death in the first instance. Even in broad daylight, it was extremely vicious and creepy.
Fishing law enforcement comics
In August, 2065438+02, Xi 'an police were exposed to join hands with sex workers to "catch prostitutes by fishing". Mr. Xi 'an broke the news to the media, saying that he was "caught a prostitute by fishing" by the police and paid a fine of 3,000 yuan without any proof of punishment. According to the clues exposed, the reporter made an unannounced visit outside the hair salon for many days and found that there was no fixed time for the police to arrest, which was not a routine inspection; When arresting people, an unlicensed van always appears and takes the clients and the ladies away. Miss will return to the massage shop to continue business in 20 minutes; The client was fined.
The latest development of the incident: The case of "ambush to arrest fishing law enforcement" in Hujiamiao Police Station of Xincheng Branch of Xi Public Security Bureau has made the latest progress. Six people, including the former director and instructor of Hujiamiao police station, were prosecuted by the procuratorate and tried in court. Yesterday's trial started at 1 1 in the morning and lasted until after 5 pm. A total of six defendants were sitting in the dock. They are Li, former director of Hujiamiao Police Station, Liu, former instructor of Hujiamiao Police Station, two official policemen involved in the case, and two social idlers involved in the case. It is reported that the procuratorate prosecuted Li, the former director of Hujiamiao police station, and Liu, the former instructor of Hujiamiao police station, for alleged corruption and abuse of power, and prosecuted the other four people involved in the case for abuse of power. It is understood that since 2009, Li, the former director of Hujiamiao Police Station, has negotiated with Liu, the former instructor of Hujiamiao Police Station, to give a commission reward to the fines imposed by the police. Police officers Bai and Liu have repeatedly arrested prostitutes in their jurisdictions and collected commissions after fines were imposed on the parties.
Individual law enforcement departments and law enforcement officers, with extremely dirty interests, do everything possible to lure law-abiding citizens to "break the law" and take the trap as evidence of law-abiding citizens' crimes, which not only destroys the seriousness and fairness of the law and the society's belief in the rule of law, but also seriously corrupts the social atmosphere, tears the basic harmony and mutual trust among members of society, and makes social morality go from bad to worse. People's kindness, sympathy and friendship are forced to put on the heavy armor of self-protection, which makes those societies. At the same time, it is also possible for citizens to fall into danger and anxiety anytime and anywhere, and even life safety cannot be guaranteed!
Related comics
Driven by the interests of law enforcement economy, "fishing law enforcement" is constantly expanding its "law enforcement power" to the society, and the commission mechanism allows relevant departments to openly recruit a large number of "hooks" in the society, that is, so-called "investigators" and even "social people with a sense of justice". They ruined the reputation of "justice" and "sense of justice", gave birth to a large number of parasites who did not engage in productive and creative work, and brought the credibility of law and public power to the brink of collapse.
It can partially restore the justice of being exiled by individual cases, but it can't shake the root of fishing law enforcement's abuse of power. To eradicate fishing law enforcement, we must first sentence him to death for "economic law enforcement" at the source, and strictly restrict public authorities from "hiring" various social personnel in various ways. On the one hand, the law stipulates that national civil servants are not allowed to enter unless they take the exam or have a preparation; On the other hand, any law enforcement agency is supported by taxpayers, and there is no reason to "commission according to performance" like a company.
Although the "Administrative Punishment Law of the People's Republic of China" implemented by 1996 has such a provision, "any administrative department has no right to deal with fines and confiscations privately and must turn them over to the state treasury", but each
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