Research On The Controlled Delivery Measures

As an important part of the rule of law in the process of security investigation,investigation measures and operation of normative legitimacy in the accurate identification of crimes, a comprehensive set of evidence and clues to maintain legitimate rights and interests of criminal suspects and other major. Under the control of delivery as a special investigative measures for the detection of drug-related crime,organized crime, crime and other cases have a multiplier effect. However, there are many problems in practice, which need to be clear from the theoretical level, and then to improve the construction of the legal system level. Based on this, this article on the control of the delivery measures to carry out the corresponding theoretical analysis.The full text is divided into five parts:The first part is about the general theory of control delivery measures, mainly around the concept of discrimination, a clear form of property, and the comparison of similar measures to expand. In our country, "controlled delivery" comes from the literal translation of English,which belongs to the forward-looking secret investigation means, but also has a typical monitoring measures. Form of controlled delivery is divided into control counterparts under control and delivery of goods under the separation of people and goods delivery, outside monitoring and comprehensive control of controlled delivery delivery, delivery and control of harmful harmless delivery under control in three, and with the need to clarify several means of investigation in.The second part is the theoretical certificate delivered under the control of the main measures, around the reality of risk and legal risk is discussed, and the introduction of its utility from the perspective of procedural value, finally demonstrates the rationality and necessity of the present measures. Under the control of the delivery itself contains a huge social risk and serious consequences, once the improper use of the object will be infringed upon the personal rights and interests of state organs. At the same time, the full use of it will help expose more people involved,improve the efficiency of evidence collection, and then help to combat crime. The fundamental reason is its natural rationality and necessity.The third part is the local origin and comparative study of controlled delivery.The delivery system is under the control of the western legal system of exotic, but by dialysis in ancient China original documents and legal system can still find its trace.At the same time, control of the modern sense of the delivery system formed so far less than a hundred years of history, in practice increasingly rich gradually into the "regulation category three convention", and for the western developed countries such as the United States, Australia, Japan and other institutionalized arrangements.The fourth part is the present situation and existing problems of the controlled delivery system. As a new system, the measures are still exist many problems, the specific performance of implementing conditions is not clear, lack of approval,execution and supervision mechanism of concrete, and facing extremely easy to infringe upon the legitimate rights and interests of the investigation situation.The fifth part is the concrete way to improve the control delivery system in our country. The first is we should clarify the technical investigation, hidden identity investigation and controlled delivery of the three boundary, and is under the control of the delivery of the detailed scope and procedural regulation, and strengthen the function of legal supervision of the procuratorial organs, so that the negative impact of the control in the smallest range. At the same time, in order to strengthen the crackdown on corruption crime, it should be clear to the state supervision organs,prosecutors to control the delivery of the right to implement.