Is fishing law enforcement breaking the law?

Is "fishing law enforcement" illegal

Did you break the law today? Did you get caught speeding by the traffic police today? Today, you were fined for not driving into the guide lane in the direction of travel at the intersection. Did you stop and go today and take pictures? Do you have a lot of fines for not breaking the rules? If there is, unite to sue him. If there is a QQ group to build a group, Rizhao's society may not dare to report it. I hope anyone who knows the life gang can write down the phone number. Uniting * * * with litigation

fishing law enforcement

fishing law enforcement, Britain and the United States is called law enforcement entrapment, which is a special concept in the Anglo-American legal system. Like justifiable defense, it is the reason for the parties to be innocent and exempt. From the legal point of view, the parties had no intention of breaking the law, and they were lured by law enforcement officers to engage in illegal activities. Of course, the state should not punish such acts. If this kind of behavior is not properly used, it will lead to crime and cause serious social problems. Fishing law enforcement is the inevitable manifestation that political morality destroys morality.

introduction to the concept "fishing law enforcement" in administrative law enforcement is similar to "temptation investigation" or "temptation to collect evidence" in criminal investigation.

law enforcement agencies all over the world also use similar means, such as the police playing the role of drug addicts to buy drugs from drug dealers. But "trapping" has strict control requirements. First, the trapping object is the criminal suspect; Second, part of the evidence has been mastered; Third, the facts at the time of entrapment are not used as evidence of a crime. In other words, the set itself cannot be evidence of illegal crimes.

there are also strict restrictions in civil law countries. Japanese laws prohibit law enforcers from tempting the parties to have illegal intentions in order to obtain evidence, because this is a violation of the personal self-discipline rights of the parties by state public rights.

The root cause of fishing law enforcement is the law enforcement economy. Lured by the interests of law enforcement economy (such as rewarding drugs according to the amount, investigating illegal cars, prostitution, gambling, etc.), our "fishing law enforcement" is likely to be flooded in the fields of administrative law enforcement and criminal investigation. The problems in front of us are not the most serious. As far as investigating and dealing with illegal cars is concerned, in March 28, a driver of a "illegal car" in Fengxian District of Shanghai was brought into the "law enforcement ambush zone" by a so-called "female investigator" and stabbed the "female investigator" with a knife in the car in front of law enforcement officers (Oriental Morning Post, March 9, 28). In the past, there was an incident in Shanghai where black car drivers kidnapped the so-called "barb" to vent their anger.

in earlier years, the media also disclosed that in Gansu province, in a short period of 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 with a reprieve in the first instance, which was extremely vicious and creepy even in broad daylight.

With extremely dirty interests, individual law enforcement departments and law enforcement officers try their best to lure law-abiding citizens to "break the law" and take the set as evidence of law-abiding citizens' crimes, which not only destroys the seriousness and justice of the law, but also destroys the society's belief in the rule of law, seriously corrupts the social atmosphere, tears the basic harmony and mutual trust among members of society, and makes the social morality go from bad to worse, and people's kindness, sympathy and friendship are forced to wear heavy armor of self-protection. At the same time, it is also possible to trap citizens in danger and uneasiness at any time and anywhere, and even the safety of life can not be guaranteed!

driven by the interests of law enforcement economy, fishing law enforcement is constantly expanding its "law enforcement power" to the society. 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", which gave birth to a large number of parasites who did not engage in productive and creative work, and also brought the public trust of law and public power to the brink of collapse.

individual rights protection may partially recover the justice of exile, but it can't shake the root of fishing law enforcement's abuse of power. To uproot fishing law enforcement, we must first sentence him to death for "enforcing the law economically" from the source, and strictly restrict the public authorities from "employing" various social personnel in various ways. On the one hand, the law stipulates that national civil servants should not 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, which came into effect in p>1996, stipulates that "no administrative department has the right to deal with fines and confiscated money privately, it must be turned over to the state treasury", local finance will generally return fines and confiscated money to administrative law enforcement departments at a ratio of 4% to 5%, and the relevant departments will return them to branches at a ratio of 46% to 55%. This method is commonly known as "two". This is tantamount to the government and its functional departments and individuals jointly set up a trap to exploit drivers. In the face of such a strong opponent, how can the vast majority of drivers return their hands except being punished?

From this interest chain, we can see that the beginning and source of interests are local governments, which do not give or give little funds to traffic law enforcement departments, which is not enough to maintain their survival, but hope to generate income; The middle end is the law enforcement department, and the income generated by law enforcement units is linked to the performance appraisal of units and leaders. The more income is generated, the more commission and government finance will be returned, and the more bonuses and benefits will be given to leaders and employees. At the end are law enforcement officers, and the unit decomposes the income-generating task to each law enforcement officer, which is linked to personal bonus, welfare, assessment, promotion and salary increase. In this way, among local governments, law enforcement departments and law enforcement personnel, a * * * body of interests intertwined with public power and private interests has been formed, and the goal of the * * * body and its members is to maximize their respective interests, and all of them will be honored. Moreover, law enforcement departments now have a weak sense of the rule of law and a serious sense of privilege, and they can do whatever they want. Driven by interests, the law is not taken seriously, which leads to repeated prohibitions of substituting punishment for law.

mode of implementation [1] The first mode can be called "exposure". That is, the parties themselves have attempted to violate the law or commit crimes, which have been implemented, but have not yet been revealed.

the second way we can call it "seduction". That is, the parties themselves do not have any illegal or criminal intentions, and law enforcement departments take action to seduce the parties to have illegal or criminal intentions.

the third way can be called "frame-up". That is, the parties themselves do not have any illegal or criminal intentions, and the law enforcement departments take plans to frame the parties, so that the parties have illegal or criminal intentions.

Experts' questioning of "fishing" law enforcement itself has also been questioned by jurists. Professor Jiang Mingan, an administrative law expert at Peking University Law School, believes that administrative law enforcement should conform to the principle of administration according to law promulgated by the State Council in 24, be legal, reasonable, with proper procedures, be honest and trustworthy, and be unified in power and responsibility, and should not be carried out in a premeditated way. Yang Jianshun, a law professor at Renmin University, believes that administrative law emphasizes the legitimacy of obtaining evidence, requires an objective and comprehensive investigation, and the means of investigation and evidence collection should be legal. According to the requirements of the national tax system, it is reasonable to hit a black car, but it is not advisable to take the method of "treating evil with evil". "When cracking down, we must strictly distinguish between cracking down on black cars and' taking good rides'."

Professor Ying Songnian, president of china law society Administrative Law Research Association, questioned that there is no clear legal definition of "illegal operation". In western countries, in order to save energy, the government also promotes carpooling. If helping passers-by is also considered as "illegal operation", who will dare to stop if he is sick and asks for help in the future? Professor Ying Songnian believes that the act of "pulling the key with a hook" is a compulsory act, and the compulsory act must be authorized by law. He seems to be cooperating with law enforcement, but without legal authorization, what is the difference between that and robbery? Co-managers and hooks seem to be involved in law enforcement, and it is necessary to clarify the subject of law enforcement.

Professor Ma Huaide, vice-president of China University of Political Science and Law, thinks that people can collect evidence, record and report, but administrative coercive measures such as pulling out car keys must have legal administrative authorization, and they can't entrust others to do it at will, let alone help catch a car in a market way.

procedural illegality Although law enforcers have found many reasons to show the legitimacy of law enforcement, they can't cover up the substantive and procedural illegality and the interest drive behind it. Looking back on the results caused by similar behaviors, it is found that besides the parties, there are bigger "fish"-that is, law, morality and people's kindness. Mr. Zhang, the owner of a private car in Shanghai, even attracted the disaster of "illegal operation" because of his compassion. On his way to work, Mr. Zhang was moved to take the road with compassion because of the stomachache of passers-by. As a result, the "passenger" pulled out his key, and seven or eight uniformed people outside the car dragged Zhang out of the car. They were also buckled with their hands behind their backs, stuck their necks and searched for their driver's license and driving license. The other party told Zhang that they were from the urban traffic law enforcement brigade and asked him to pay money to get back to the car. Under various pressures, Zhang finally paid 1, yuan to get back the car. In recent years, there have been endless cases in which law enforcement departments have punished ordinary citizens for "fishing", and even drivers have killed "hooks" in Shanghai.

it is not a one-off event that society endangers the establishment of the rule of law order. In the process of establishing the rule of law order, the behavior of law enforcers has attracted much public attention and is most likely to affect the public's concept of the rule of law. Strict and fair law enforcement by law enforcers not only establishes the authority and image of law enforcers, but also the authority and image of law. When a law enforcement department "enforces the law" for self-interest, especially when it induces law-abiding people to "break the law", the society will have strong doubts about the law. The law enforcers not only affected the image of this department, but also affected the image of the law, shaking people's concept and confidence in the rule of law. The "fishing" behavior in administrative law enforcement will not only confuse the public with the law-abiding and illegal, but also deal a blow to social morality. When "fishing" becomes the norm, the crisis of social trust will naturally increase, and the virtue of mutual assistance and friendship will lose its survival soil in "fishing".

the "fishing" of law enforcers, of course, is the fish that abides by the law, and so are law and morality.

From the experience of a country ruled by law, the temptation to obtain evidence should be strictly restricted, and it must not be operated by so-called "investigators" or even "social people with a sense of justice" because they often have interests in law enforcement and tend to "seduce" the parties. This kind of "law enforcement fishing" has torn the simple feelings among members of society and ruined public morality. In the future, passers-by who are really sick and in labor may never get help again.

It will even lead to serious conflicts. For example, in March last year, a driver of a "black car" in Fengxian District of Shanghai was taken into the "law enforcement ambush zone" by a so-called "female investigator" and stabbed the "female investigator" with a knife in the car in front of law enforcement officers. In the past, there was an incident in Shanghai where black car drivers kidnapped the so-called "barb" to vent their anger.

There is a so-called "proportionality principle" in modern administrative rule of law, that is, administrative means should match administrative purposes. Although "illegal operation" is harmful, its harm is far worse than violent crimes. Therefore, we cannot adopt radical "law enforcement fishing" means, which not only has many uncertain risks, but also undermines the trust and mutual assistance among members of society, which is really harmful.

administrative law enforcement needs not only factual justice, but also procedural justice. Only by stepping up the legislation of administrative procedures and firmly limiting the power of administrative law enforcement in the cage of procedural justice can "fishing law enforcement" really withdraw from the historical stage.