对上海市钓鱼执法案的法律分析-法律学专业论文.docxVIP

1 1 Abstract Many problems about the administrative law enforcement of our country were exposed in two “fishing law enforcement” cases happened in Shanghai. In this paper, two representative cases of Shanghai are selected for analyzing. This article is composed of four chapters. Involved, the narration of the cases and the problems involved, temptation criminal investigative techniques can be applied in administrative enforcement activities, legality of the evidence of administrative, identify illegal transportations. The first section describes the circumstances surrounding the case, leading to the focus of controversy closely associated with the case. Such as, can the means of temptation investigation in criminal be applied to the administrative enforcement in the case? if the evidence made on the basis of the specific administrative act is legitimate? whether the identification of illegal transportations is reasonable and has a legal basis? The second part, mading the legal analysis of the first focus of controversy surrounding disputes previously proposed. First, to clear the legal concept of multiple occurrences of the word , “fishing law enforcement”. That, the “fishing law enforcement” is another saying of temptation investigation. Subsequently, elaborating the classifications of criminal investigation on temptation, then, elaborating the illegal reasons of the “criminal intent induced type” temptation investigation techniques in administrative law enforcement in our country. The third part, analyzing in details of the legality of the evidences which carries out from the “fishing law enforcement”. The fourth part, discussing the question of whether the case is considered illegal operating. In this paper, the representative Shanghai fishing law enforcement cases were analyzed as a case, identifies the focus of controversy in the case, further legal analysis of the case statement, then analyze the cases. Hoping to improve the system, eradicate the ills of fishi