Fishing law enforcement is not as simple as eliminating crime. Originally, the object of law enforcement had no criminal intention, but the lure of fishing law enforcers violated the law. The "fishing law enforcement" in administrative law enforcement should be derived from the "trapping and arresting" in criminal investigation, that is, in order to arrest known criminal suspects while grasping certain evidence, the method of "seduction" is adopted to attract them and make them arrested.
"Trapping" has strict control requirements, specifically, there are the following conditions:
First, the trapping object is the criminal suspect;
Second, we have mastered some evidence;
Third, the facts at the time of entrapment cannot be used as evidence of a crime.
"fishing law enforcement" refers to a law enforcement method in which law enforcement officers punish "offenders" by "fishing" in order to crack down on some illegal and criminal acts. This method of law enforcement has always been criticized by people. The recent "fishing law enforcement" incident in Shanghai has pushed this form of law enforcement to the forefront. What "fishing law enforcement" trampled on deserves our deep thought. Fishing law enforcement "trampled on the dignity of the law.
Legal basis:
Detailed Rules for the Implementation of People's Republic of China (PRC) Fisheries Law
Article 18 Fishing licenses are not required for recreational fishing and manual collection of sporadic aquatic products in beaches that have not been cultivated and managed, but management should be strengthened to prevent the destruction of fishery resources. Specific management measures shall be formulated by the people's governments at or above the county level.
Article 19 For special needs such as scientific research, fishing in closed fishing areas or during closed fishing periods, or fishing for key protected species of fishery resources by using prohibited fishing gear and fishing methods, must be approved by the fishery administrative department of the people's government at or above the provincial level.