Administrative Punishment Legitimate Law Enforcement By Temptation

At present, the "confuse law enforcement" in high investigate liquid, secret, without the victim’s illegal cases and illegal ACTS related to administrative itself harm is small, but the event triggered by the consequences of the damage is very big, at the same time, it is difficult to obtain evidence of administrative illegal cases have very good effect. As a result, the public security, quality inspection, such as industrial and commercial administrative law enforcement departments to adopt such a law enforcement way more and more. But also exposed the many practical problems, such as abuse for illegitimate interests "confuse law enforcement", administrative discretion to exercise the indiscriminate sex and administrative law enforcement personnel needs to improve law enforcement level, and so on. Thus the purpose of this paper is to analyze "confuse law enforcement", on the basis of the legal issues, reference is outside the mature theory of trap temptation, make reasonable regulation, in the hope of "confuse law enforcement" legal framework of health.This paper is divided into four parts:the first part is "introduction to confuse law enforcement", including "confuse law enforcement" the concept, characteristics and the related concept of "fishing enforcement" of the world; The second part is "confused type law enforcement" present situation and existing problems in our country, describes the puzzle type law enforcement in the legislative, law enforcement, the judicial status quo, analysis of its legitimacy problem; The third part is the foreign comparative study of law enforcement, expounds why can draw lessons from outside by type, on the basis of theory of law enforcement, to learn from the United States and Germany developed theory; The third part of the fourth part through comparative analysis, respectively in the law enforcement main body law enforcement, law enforcement and the applicable objects and scope, purpose, ways of implementation as well as the implementation process to regulation of "confuse law enforcement", so that it is within the framework of legal operation.