Is the police fishing law enforcement legal?

Illegal. From the legal analysis, the parties have no intention of breaking the law. 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.

Article 58 of China's Criminal Procedure Law stipulates that the interrogation of criminal suspects shall not use such means as seduction, deception, threats, etc., and the temptation investigation has traces of "inducing evidence", so there is no legal basis.

What's more, according to Article 34 of the Notice of the State Council on Printing and Distributing the Implementation Outline of Comprehensively Promoting Administration according to Law, administrative law enforcement must follow the principle of "administration according to law" and meet the requirements of administration according to law, reasonable administration, due process, high efficiency and convenience, honesty and trustworthiness, and unity of powers and responsibilities. The law enforcement method of "preset trap" is also obviously illegal.

Extended data:

Basic requirements of administration according to law.

Legal management. The administrative organ shall implement administrative management in accordance with the provisions of laws, regulations and rules; Without the provisions of laws, regulations and rules, administrative organs shall not make decisions that affect the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations.

Reasonable management. Administrative organs should follow the principles of fairness and justice in implementing administrative management. Treat administrative counterparts equally, without favoritism or discrimination.

The exercise of discretion should conform to the legal purpose and exclude the interference of irrelevant factors; The measures and means adopted should be necessary and appropriate; Where an administrative organ can achieve its administrative purpose in various ways when implementing administrative management, it should avoid ways that harm the rights and interests of the parties.

Due process. The administrative organ shall make the administration public and pay attention to the opinions of citizens, legal persons and other organizations, except those involving state secrets, commercial secrets and personal privacy protected according to law.

It is necessary to strictly follow legal procedures and protect the right to know, participate and remedy of administrative counterparts and interested parties according to law. When performing their duties, the staff of an administrative organ shall withdraw if they have an interest in the administrative counterpart.

Efficient and convenient. In implementing administrative management, administrative organs shall abide by the statutory time limit, actively perform their statutory duties, improve work efficiency, provide quality services and facilitate citizens, legal persons and other organizations.

Honest and trustworthy. The information released by the administrative organ shall be comprehensive, accurate and true. An administrative organ shall not revoke or change an administrative decision that has taken effect, except for legal reasons and through legal procedures.

If it is necessary to cancel or change an administrative decision because of national interests, public interests or other legal reasons, it shall be done in accordance with the statutory authority and procedures, and the property losses suffered by the administrative counterpart shall be compensated according to law.

Power and responsibility are unified. The administrative organ shall perform the duties of managing economic, social and cultural affairs according to law, and be endowed with corresponding law enforcement measures by laws and regulations. When an administrative organ illegally or improperly exercises its functions and powers, it shall bear legal responsibilities according to law and realize the unity of power and responsibility. Law enforcement is guaranteed, the right must be responsible, the right to use is supervised, the law will be prosecuted, and the infringement will be compensated.

Baidu Encyclopedia-Notice of the State Council on Printing and Distributing the Outline of Comprehensively Promoting Administration by Law