Mens rea lure in practice is to deal with drug crime investigators often in a concept,but in theory,but few studies of drug crime lure mens rea books and papers.Is therefore,this article attempts to from the perspective of criminal jurisprudence,the mens rea entice a comprehensive study,and put forward relevant criminal law regulation schemes.Besides preface and epilogue,this article has four parts,about 50000 words,its main content is as follows:The first part: mainly analyzes the basic features of mens rea to seduce and define the concept of mens rea seduce,namely the mens rea to lure is refers to the investigation organ shall no criminal intent for active temptation,luring behavior of committing crimes caused by the come-on.Based on the lure of mens rea and temptation investigation,the police trap and framed abetting similar concepts are compared.In addition,through the research involved2579 mens rea to lure the real cases of drug criminal judgment,analysis of the current practice of drug crime,the serious status of mens rea lure,The characteristics of the processing in the judicial practice;And drug crimes mens rea lure of idea,system and standard.The second part: mainly on drug crime in criminal law field whether mens rea lure as discussed.Through the legal analysis that drug crimes mens rea lure has violated the criminal law of justice value and freedom value;Has violated the criminal law of human rights protection function and the social protection function;Purpose against the penalty retribution and prevention.Thus in drug crimes by means of mens rea lure investigation,and to be convicted and punished the come-on the resulting behavior is not has the legitimacy of the criminal law.The third part: the main research and analysis of the Anglo-American law system and continental law system for drug crimes mens rea lure related law and judicial precedent,such as the police trap right of defense in American criminal law and the dispute of subjective and objective judgment standard;Britain’s sentencing cuts and the provisions of the responsibility for the police;Canada’s termination of litigation relief;Australia’s various relief pattern;Japan’s dichotomy judgment criteria;Germany was the come-on out of a variety of criminal law;The provisions of the Swiss ban investigators instigated crime and Hong Kong,Macao and Taiwan regions in our country on drug crime mens rea induce regulation.And in theworld main country under the rule of law on drug crime in the mens rea to seduce the regulation after the comprehensive analysis,put forward suitable for China’s domestic law environment experience for reference.The fourth part: mainly from the perspective of criminal law put forward how to regulate the current drug crimes in mens rea lure.First of all,should be clear drug crimes in the mens rea,deceived the judgment standard,insist on the direction of subjective,objective and comprehensive evaluation of standards,behavior intention and investigation of the crime on the concrete determination of considering various factors necessary;Secondly,we should give the relief was the come-on innocent defence rights,put forward after analysis was the come-on innocent reason can by means of the act being exempted from criminal proceedings for was the come-on of the crime.Finally,he shall be investigated for the implementation of mens rea,deceived the come-on of the liability,the implementation of mens rea luring investigation personnel had broken their rules,a serious violation of civil rights,should bear the corresponding administrative responsibility,when the circumstances are serious,to public property,country and people’s interests caused significant losses should also bear criminal responsibility for abuse of power crime. |