Procedural Regulation Of Controlled Delivery

As a kind of secret investigation to against drug crime, transnational organized crime, corruption and other serious crimes, Controlled Delivery shows great value in investigation. However, with freely ruling, Controlled Delivery would infringe personal rights, indulge crime and endanger public. Therefore, for ensure efficiency and human rights, we should reinforce procedural regulation of Controlled Delivery in order to achieve procedural justice in the investigation procedure. As for the current situation of Controlled Delivery in China, there is no specific effective procedure regulation in legislation, which leads to many problem in practice. Based on the extraterritorial inspection and the real situation of our nation, we suggest to establish short-term measures and long-term goal of Controlled Delivery in legislation. The short-term measures are amending criminal procedure law, relevant department laws and judicial interpretations while the long-term goal is legislating Controlled Delivery law. Those laws should construct the procedural regulation from the applicable scope, implementing subject, approval procedures, review process and supervisory mechanism, with the guidance of principles including discretion under law, administrative examination, case-by-case judgments, relevance and strengthened supervision.