The Research On Legitimacy Of Delivery Under Control

The logical starting point of this paper begins with the summary of deliveryunder control, defines the concept of delivery under control and expounds the positionof delivery under control. Then I discuss the legitimacy basis of delivery undercontrol from the philosophy、value、practice、legal aspects and the other aspects.Finally, the logical finishing point of this paper is the legitimacy judging criteria ofdelivery under control; I discuss respectively the necessity standard, ratio standard,free-will standard, legal procedure standard and the other standards of the legitimacyof delivery under control.This paper has three parts and the main part contains about twenty two thousandwords.The first part studies general things about delivery under control. Firstly, Iexpound the concept of delivery under control in country of Australia, Japan, andU.S.A and so on from the comparative perspective in order to expound the study ofdelivery under control in our country. Secondly, in this part, I mainly expound theposition of delivery under control. As a mean of criminal investigation, delivery undercontrol belongs to the category of secret investigation. When investigators findsuspicious goods, they monitor these goods in a secret way instead of detain at the site.So delivery under control has the character of monitoring and it is a secretinvestigative measure for monitoring type. Because there are some similaritiesbetween delivery under control and temptation investigation, so it is easy to makepeople confuse. In this part I mainly expound the difference between the two things.The second part expounds the legitimacy basis of delivery under control which isalso main part of the paper. Firstly, I discuss the basic theory of legitimacy from threeaspects, namely, the connotation of legitimacy, the relationship between legitimacyand reasonableness and the relationship between legitimacy and legality. After dothese things I clarify the difference and relationship between legitimacy,reasonableness and legality. Secondly, I expound the philosophical basis of legitimacy from the aspects of free-will, able to be restricted and moral tolerance. Crime is thebehavior made by criminal controlled by free-will, but free will is not absolutefreedom. Obviously, crime has serious violated interests of the innocent third partyand even national and social, so we should control free-will in an appropriate way inorder to use the free-will right in a legitimacy and appropriate way. During theprocess of using delivery under control, we may violate human rights, but considerthe need to fight against drug crime; the state will make appropriate choice for socialand moral tolerance in the two kind values. Thirdly, I expound the value basis oflegitimacy of delivery under control from the aspects of general theory, intrinsic valueand external value of the value. Finally, I expound the practice basis of legitimacy ofdelivery under control from the aspects of possibility and necessity of practice andalso I expound the legal legitimacy basis for delivery under control in terms ofinternational law, comparative law and domestic law.The third part studies the legitimacy judging criteria of delivery under control.Firstly, I expound the legitimacy judging criteria of delivery under control in a wholeway, then analysis the use of it, at last, the paper expound the necessity standard, ratiostandard, free-will standard, legal procedure standard respectively and then I expoundthe legitimacy judging criteria of delivery under control in a concrete way.