On The Legal Regulation Of Delivery Under Control

Faced with the situation that transnational drug crime becomes increasingly serious, The United Nations passed the convention against illicit traffic in narcotic drugs and psychotropic substances in1988. For the first time, the United Nations acclaimed the special investigative techniques of controlled delivery in the form of an international convention. With the introduction of the new Criminal Procedure Law, China has also officially recognized the legitimacy of the controlled delivery means.Although controlled delivery can effectively help identify complicated cases and curb crimes, it is also a secret investigation measure, which may probably invade other parts’interests. What’s more, controlled delivery is lately legislated, making the regulations uncompleted. All these need us to take effective measures to avoid the abuse of power.The first part discusses the concept of controlled delivery definition.Firstly, the concept of controlled delivery is discussed from the subject, object, scope, conditions and the use of objective five aspects. Then comes to the concept of controlled delivery. Secondly, I analysis the three attributes of controlled delivery. The second part analyses the value controlled delivery. This part takes the pros and cons of analysis, firstly analyzes the risk of the use of controlled delivery, then its value, which shows the rationality and necessity of the existence of controlled delivery. The third part mainly discusses the use of controlled delivery in the world. Firstly introduces the origin and development of controlled delivery, and then focuses on the regulation of the three international conventions on the controlled delivery, and introduces USA, Japan and Australia three countries’legislative status and regulations on the controlled delivery. The fourth part analyzes the problem of our country. Firstly, evaluates the controlled delivery’s legislative status of China. This comes to that the controlled delivery into law is a great progress in the new code of criminal procedure, but also has many problems. Secondly, detailed analyzes of the controlled delivery in China, such as the scope of application is not clear, the lack of approval and supervision mechanism and so on. The fifth part I try to to establish of the legal regulation on controlled delivery in China from the relationship of the controlled delivery, undercover investigation and technical investigation, the cope and conditions, the program design and the evidence material specification using of controlled delivery, and try to control the negative effects in the smallest range.