Fishing law enforcement, like self-defense, is the reason why the parties are not guilty. From a legal point of view, the parties have no illegal intention, but are engaged in illegal acts under the temptation of law enforcement officers.
If this kind of behavior is not properly used, it will lead to crime and cause serious social problems. Fishing law enforcement is an inevitable manifestation of political morality corrupting morality.
Two situations in fishing law enforcement:
The first case is: the administrative organ planted and framed the administrative counterpart.
The second situation is that the administrative organ induces innocent administrative counterparts to commit illegal acts.
: motive of law enforcement
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.
There are strict control requirements for "entrapment". Specifically, there are the following conditions: First, the object of entrapment is a criminal suspect; Second, we have mastered some evidence; Third, the facts at the time of entrapment cannot be used as evidence of a crime. However, the purpose of setting traps in criminal investigation is to catch suspects, and traps themselves cannot be evidence.
The "fishing" in administrative law enforcement is to induce law-abiding citizens to "break the law" and take the trap as qualitative evidence. This method of obtaining evidence itself is obviously illegal.
From the perspective of motivation, there are two situations in which administrative law enforcement organs violate the law. One is to curb the flood trend of some illegal acts in a radical way; One is a rational choice for a certain benefit. The first one is understandable to a certain extent, but unfortunately, the illegal law enforcement behaviors exposed in various places basically belong to the second one-law enforcers clearly know that what they are doing is related to their own interests, and may make corresponding rational plans for it.
References:
Baidu encyclopedia _ fishing law enforcement