Fishing law enforcement refers to the fact that the parties have no intention of breaking the law, but they are induced by law enforcement officers to make them break the law on their own initiative. According to the laws of our country, fishing law enforcement is strictly prohibited by law enforcement personnel, so fishing law enforcement is illegal. This is an infringement of civil rights, which not only violates morality, but also brings a certain negative impression to society, shakes people's trust in the law and damages the image of the national law enforcement department. 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. According to China's Constitution, China "governs the country according to law and builds a socialist country ruled by law." "Rule of law" is the opposite of "rule by courtesy" and "rule by man". It is the rule of law, a rational legal system and a legal system based on democracy. The real "rule of law" contains two meanings: first, the law itself is a good law (that is, "good law"), and second, the law must be observed, especially the law enforcers must abide by the substantive law and legal procedures and strictly enforce the law. Law is the highest standard of people's behavior. In the "fishing law enforcement", administrative law enforcement organs should strictly enforce the law, enforce the law in a civilized way, severely crack down on illegal crimes, and maintain normal social order, instead of tricking law-abiding people into "breaking the law" and trampling on the dignity of the law for the sake of "behind the interests". Fishing law enforcement "trampled on the image of the government. Government power comes from the people, and the government exercises the power to manage state affairs on behalf of the people. The government is only the legal ruler of society (that is, the role of law enforcer), and the people as a whole are the ultimate rulers (that is, all power belongs to the people). Our country is a country ruled by law, and our government is a clean government and a people's government. As the trustee of the people, the government should take convenience, benefit the people and serve the people as the highest purpose and honesty as the highest principle when managing state affairs. "fishing law enforcement" makes law-abiding people doubt the integrity of the government and trample on its image. Fishing law enforcement "tramples on citizens' conscience. "In the future, no matter whether I meet a pregnant woman in labor or a dying old man, I will never send her again." What a bitter voice! "Law is the lowest morality" and conscience is the basis of morality. Conscience or not determines a person's moral level and social civilization. "fishing law enforcement" not only tramples on the dignity of the law, but also tramples on the "conscience" of good citizens. As the media said, "fishing law enforcement" makes people afraid of "kindness".

legal ground

According to the first paragraph of Article 15 1 of the Criminal Procedure Law, in order to find out the case, when necessary, the relevant personnel may conduct an investigation by concealing their identity upon the decision of the person in charge of the public security organ. However, it is not allowed to induce others to commit crimes, and it is not allowed to use methods that may endanger public safety or cause serious personal danger.