The Study On The Legal Regulation Of Controlled Delivery

Nowadays, drugs and other contraband with highly crime rate within the scope of our country and the’ world for a long time. The general public suffers a great deal from these contrabands. Therefore, it become the important issues of legal professionals that how to strike such crimes effectively. It is an important step for fight against the drug crime in our country that delivery under control as a special technical measure are written to the new criminal procedure law which as an opportunity of amend the criminal procedure law. However, the regulation of this measure in the new law just discussion on the surface, it can not guide the concrete applied problems in judicial practice effectively.First introduce the definition of delivery under control measures and analyze the investigation measures may bring out the consequences that infringement for public privacy right and social harmfulness of failure,such as the second delivery from under the our country related control law and the judicial practice Angle, has carried on the detailed to delivery under control measures, which shows that the investigative measures to crack down on the crime of contraband in areas such as its important role. Under control at the same time, at present our country delivery measures for lack of procedural norms, unclear to investigators access rules and lack of corresponding supervision procedure and right remedy mechanism has also become the technical investigation measures to further develop its function.Explores the legal regulation for the delivery under their control measures of outside by the perspective of comparative law.Delivery under control measures in the United States, with its under control on the delivery of the first official records, and the measures stipulated a series of strict procedures, such as control the delivery of the goods in the approval process and action of substitution and so on. Delivery under control by the United States to European countries, Britain, Denmark, Austria, Poland from the scope of application, examination and approval authorities, and several aspects, such as examination and approval conditions, delivery under control measures of legal regulation, to prevent the indictment is above the law, as much as possible to avoid the risk of harm citizens’ health and life. Australia introduced by amendment of criminal law:the delivery under control ordinance, detailed provisions under the control of delivery of the application content and procedural norms such as procedures, licensing, supervision system and the use of evidence rules, etc., to strengthen the legal regulation of delivery under their control. In the narcotics hazard prevention and control regulations in Taiwan under control increases the delivery of a controlled delivery application and decision procedure, make delivery under control of the applicable objects, the application process, the decision subject, enforcement authorities and statutory duties are the legal basis, indictment to exercise within the legal framework.Last described above delivery risk under control to suggesting that we can find the way of solving legal interests conflict from German law benefit measure theory. At the same time, when follow the principle of controlled delivery applicable, we also should clear about the examination and approval procedures, establish the supervision mechanism, improve the evidence system and establish the corresponding remedy mechanism.Through a series of legal regulation in order to fighting drugs and other contraband crime and serving the judicial practice more effectively in our country.