Research On "Fishing"

“Fishing” is undoubtedly one of the most spectacular law events of the year of 2009.Two improper “Fishing” have attracted lots of attention caused by the passionate interaction of experts,media and net citizens.And the government has been forced to stop “Fishing”.Since then,“Fishing” has been stigmatized.It has lead to serious consequences.The legitimate “Fishing” of “opportunity providing” has been misunderstood.The government lost its law enforcement weapon and it is very helpless in the face of the sharp increase in the quantity of the illegal cases.“Fishing” is the oral expression of “Encouragement investigation”.It is a special means of law enforcement widely recognized in the judicial practice of all countries in the world.Although China has not established the legal system of “Fishing”,which is used to combat covert administrative illegal cases,such as gambling,prostitution and whoring.As an active and arbitrary mode of investigation,the “Encouragement investigation” accords with the basic principles of administrative law,and it has the legitimacy of moral ethics,social defense and economic benefits,and there is a space for its existence.“Fishing” has been stigmatized for a deep reason: the regulation of the “Encouragement investigation” is all blank;In the theory,there are many differences in the question whether the investigation means of dealing with serious criminal offence in this criminal field can be applied to administrative law enforcement field;In practice,some administrative organization misuse the means of “Fishing” to seek the unfair interests.It gave birth to a abnormal “law enforcement economic chain”.In the western countries,as a formal means of investigation,it originated in France before the French Revolution.After more than hundred of years of operation,it has developed profound legal principles and accumulated rich judicial practice experience.Because of the differences in the traditional litigation,some major countries have different rules and regulations about “Encouragement investigation”,such as the America “Trap defense” procedure,the best relief mode of “terminating the lawsuit” in the UK and the “reduction of sentencing” in Germany.But there is a consistent view is that “Encouragement investigation”,as a special means to combat crime,has its necessity and legitimacy in a certain extent and scope,but at the same time,we should be vigilant to the danger that the improper use of “Encouragement investigation” may bring and restrict the use of the temptation investigation.In the field of public security in our country,the use of “Fishing” means more profound influence on the rights of relative people.In practice,once the investigation means is changed badly,its bad influence on the civil rights and the law enforcement credibility of the public security organs is hard to be retrieved.Therefore,police should take precautions against this kind of risk.First of all,we need to correct the misunderstanding before,the law enforcement mistakes brought by “Fishing” need not to be solved through a complete prohibition of “Fishing”.It can be divided into two types.Giving up “criminal intent luring” and ruling “opportunity providing” are an correct way to go out of the current law enforcement dilemma.In addition,from a procedural point of view,we need to make clear the scope of application,the implement officials and approval procedure,and end the chaos that no law can be based on.Finally,combined with the reality of public security cases,this paper put forward internal and external supervision schemes,and guide the “Encouragement investigation” to develop healthfully under the rule of law.