| Delivery under control refers to the investigative authorities in order to catch the whole drug crime syndicates, first release the drug-related crimes in the discovery and monitor the criminal activities, thus break the case of an investigative. The creation and use of delivery under control has a relatively long history. It is recorded that, in1931, the U.S. anti-drug authorities had been detected criminal activities of drug trafficking from Turkey to the United States by delivery under control measures. While there are successful cases of implementation of delivery under control long time ago, but before the1950s, the use of the delivery under control measure are rare, mainly because the global drug-related criminal activities are not yet prominent. After World War II, due to the increasingly rampant international drug and criminal activities, which organized momentum of development, delivery under control can get further expansion and development. In order to effectively cope with the international drug-related crimes, the international community began to attach importance to cooperation in the field of combating drug-related crimes, and continue to explore and improve in practice, making positive recommendations and opinions, and ultimately delivery under control measure to be recognized by the United Nations in1988and recognized as a method to improve the efficiency and effectiveness of cross-border and trans-regional drug trafficking crime, and was officially included in the1988United Nations "Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Convention".As an important form of investigation, delivery under control is used in more and more countries due to its remarkable results. Its scope has extended to the field of transnational organized crime and corruption crime. Because of the proliferation of drugs in our country in recent years, China attaches great importance to the fight against drug crime. China has become one of the United Nations Suppression of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Convention, the earliest one of the parties. The Ministry of the Public Security releases a notice of collaboration related on the investigation of drug cases released in1997to control the implementation of delivery under control. On May15,2002, the Narcotics Control Bureau of the Ministry of the Public Security releases the regulations on cooperation of the investigation of drug cases, as the basis and regulation of the domestic implementation of delivery under control.2012Code of Criminal Procedure151expressly provides that "criminal activities involving the payment of drugs and other contraband or property, public security organs according to the needs of the investigation of a crime can be implemented in accordance with the provisions under the control of delivery."In today’s society, as the type of drug crime becoming more and more novel, crack down severely on crime to collect evidence to suspect the judgment has made the presence of delivery under control necessary. The purpose of delivery under control is arresting crimes and defends social security, that coincide the investigative functions of investigative organs, reflecting the legitimacy of delivery under control. However, the secrecy of delivery under control will make it deceptive and have suspect of leading to crime, it can only be used in necessary. The excessive use may lead to social crisis of confidence in the investigative organs, thus impact of social credit system. The core content of this article is the legislation improvement of delivery under control. To give more in-depth legislative proposals of delivery under control, this paper will first make a brief introduction to the content of delivery under control and relevant laws and regulations, and summarize the present status of implementation in Japan, Germany, France, the United States and other countries. Then put forward the existing problems to drug-related crimes in the implementation of delivery under control, and finally summed up the legislative recommendations of delivery under control in order to facilitate our investigation more efficient use of delivery under control. |
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