On The Controlled Delivery Measurements

Foreign judicial practice has proved that the implementation of controlled delivery plays a very important role in detecting the drug-related crimes, organized crimes, and anti-corruption. However, in our country, people didn't pay sufficient attention to this special investigative technique as the restrictions of various reasons. Although this technique has long been used in drug cases by the Public Security in judicial practice, and achieves some positive results, the development of controlled delivery in China is still struggling as no clear recognition by the State legislature.This paper is divided into three parts, the main body is about 28,000 word.The first part is an overview of controlled delivery. The concept of controlled delivery changes constantly as the increasingly rich content, which is secretive, initiative, and timely termination and so on. Controlled delivery has been classified into different forms according to different criteria. Controlled delivery has both positive and negative values, which brings some social benefits as well as a lot of hidden risk. Enticement spying, concealed investigation, electronic surveillance and controlled delivery are all belong to special investigative techniques, which have high similarity on their nature, objects, etc. and have very important significance though it's very difficult to define their relationship.The second part is to study the development path of controlled delivery in brief. Like most special investigative techniques, controlled delivery comes from abroad, which has been consolidated on legal status through strengthening three provisions of international conventions. The controlled delivery techniques in Europe and the United States are much more mature than China. The United Kingdom, Demark and other countries have established systematic controlled delivery system through formulating specialized documents or amending the forms of domestic law. Although controlled delivery techniques were pulled in China in earlier time, and widely used in the investigation of drug crimes, the development of controlled delivery is still confronted with issues such as unclear legal status, narrow scope, as the legal status of controlled delivery has not been formally recognized by domestic law,.The third part is to discuss the concrete construction of controlled delivery techniques of our country. The legislation mode selection and applicable principles establishment are primary problems need to solve during the construction of controlled delivery techniques. Taking into account the special situation of our country, the construction of controlled delivery should adopt comprehensive legislation mode, and be regulated by multiple laws and regulations, but not a single controlled delivery technique. The applicable principles of controlled delivery in fact plays a guiding role in the specific implementation of controlled delivery, it should adhere the following five principles during the construction of controlled delivery techniques: correlation, proportion, supervision, case-by-case judgment, and judicial relief. The applicable scope, the implementation of subject and object, the procedures, the evidence system and the relief mechanism are the five key aspects of controlled delivery, the construction of controlled delivery of our country can be smoothly achieved after solve these problems properly.