Research On Controlled Delivery From The Perspective Of Human Rights Protection

As a special investigative techinque, controlled delivery has been widely used in judicialpractice of China and other countries. Especially in the growing contraband crimes like drug,traditional investigative measures cannot continue to play a proper role, controlled deliveryhas become a sound substitute. In1988, the UN Narcotics Commission proposed controlleddelivery in the form of United Nations Convention Against Illicit Traffic in Narcotic Drugsand Psychotropic Substances, and called upon countries to further strengthen thecollabroation for international crime investigation on contraband. Since then, this initiativespecial investigation measure has been widely used by the investigating organs throughout theworld. Many countries acknowledged the legal status and standarized measures for theimplementation of controlled delivery by the formulation or modification of domestic laws ordevelopment of relevant procedures. The practice has effectively fought against contrabandcrime like drug, which has achieved fruitful results. China s Criminal Procedure Law2012amendment acknowledged the legtitimacy of controlled delivery in domestic legislation.However, as it didn t involve the design of relevant procedures and provisions, there areinadeuquate legal provisions of controlled delivery, no specific procedures for exmination andapproval as well as the implemenation conditions of this investigative measure, nor theregulations of implementation principle, evidence preservance and supervision system havebeen made. It can be said, at the level of domestic legal norms, the procedure regulationunder the controlled delivery is in the state of absence. In order to improve the procedralconstraints of this investigative measure, it is necessary to summarize the legislative statusquo of controlled delivery, analyze problems existing in the practical operation and causes forthese problem, so as to achieve targted improvement and regulation.This paper firstly introduced the meaning of controlled delivery, distinguished theconcept of temptation investigation which might cause confusion and analyzed thecharacteristics of controlled delivery. After combing the legislative status quo and currentapplication of controlled delivery in some developed countries, as well as sorting out theshortcomings, it made preliminary conception of China s practical aplication of controlleddelivery and put forward some recommendations, such as the specification of the scope ofapplication, startup procedures. Meanwhile, for legal risks may arise from the abusement ofcontrolled delivery, the paper proposed a series of legal supervision recommendations as wellas the remedy measures of civil rights to help the maturing of this investigative measure and ensure its operation in the orbit of rule of law and protection of human rights.