On The Temptation Of An Offence And Confusing Evidence In Administrative Law Enforcement Issues

The "lure illegal" and "confusing evidence" in Administrative law enforcement activities is closely related with "fishing law enforcement" phenomena. However, the public and practitioners often confuse the two different legal terms, and people often take them as equal or don't define them clearly. Lure illegal, is administrative body and administrative staff punish the Administrative counterpart, which is provide the implementation of relevant environmental conditions and opportunities according to the inclination of illegal activities or other types of administrative investigations relative to object, or specially designed to induce a number of administrative law scenario, Confusing evidence, is a special way to punish those who cannot through the traditional administrative enforcement tools to obtain sufficient evidence to effectively curb the administrative violations, and the administrative law enforcement staff can get evidence through confuse way from the person who are under the reasonable inference that has committed the offense relative to certain types of violations or high-risk population. This article will be based on legal principles and legal provisions, and start discussion with concept ,characteristics, classification, legal nature, application and the improvement of the system , In the end we wish to clarify the boundaries between legal and illegal.This article is divided into three chapters to start the study around the "lure illegal" and "confusion evidence" of legitimacy, which takes Shanghai "fishing enforcement" event as the background. The first chapter: The meaning of lure illegal and confusing forensics. First, the definition of the concept is the logical starting point to study lure illegal and confusing forensics, and the author will discuss the meaning and characteristics firstly. Second, we must classify lure illegal and confusing forensics according to different classification standards, in order to deeper the study and discussion. Finally, we should compare the two conceptions from four aspects, just as the purpose, conditions, methods and objects.The second chapter: The Legal nature analysis of lure illegal and confusing forensics. First of all, we can get the conclusion that lure illegal is an offense against to the modern idea of administrative law and administrative procedures ,from the analysis of legal, legality and legitimacy. Secondly, we can see the necessity of lure illegal and confusing forensics existence though the discussion of human rights, legality, legitimacy, law enforcement and other aspects of real evidence. Finally, we should know the judge stander of the two conceptions from the difference between them.The third chapter: We will see the improvements of confusing forensics System. First, we will make an overview of problems in practice and legislative status in the system of confusing evidence. Second, we will analyze the relatively mature field of Encouragement Theory in Criminal Procedure Law, and made useful references. Finally, we will give some suggestion about the evidence of confusion System recommendations, and aim to the current practice of administrative law enforcement problems, and legislative status quo. Through the characteristics of confusing evidence and our current practice, the application of evidence from the confusion of last resort, the main eligibility, object constraints, the use of the confusing way limit, evidence and the compliance with principles of administrative law.