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Entrapment

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钓鱼执法 (diào yú zhí fǎ): entrapment (literally: fish, then enforce the law)

Entrapment is when a law enforcement agent induces a person to commit an offense which the person would otherwise have been unlikely to commit.

Perhaps the most well known entrapment case in China is the case of Sun Zhongjie in Shanghai. Sun picked up someone asking for a ride. Though Sun did not request it, the man gave Sun money when he reached his destination. The man then revealed his identity as an under-cover police officer and detained Sun for driving an unlicensed taxi. Sun's conviction was overturned after an outpouring of internet pressure (see here).

For a discussion of other famous entrapment incidents in China, see here (Chinese).

The Sun Zhongjie case is parodied in the "War of Internet Addiction."

钓鱼执法和正当防卫等一样,都是当事人无罪免责的理由。从法理上分析,当事人原本没有违法意图,在执法人员的引诱之下,才从事了违法活动,国家当然不应该惩罚这种行为。这种行为如果运用不当将致人犯罪,诱发严重社会问题。钓鱼执法是政德摧毁道德的必然表现。

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