Study On The Perfection Of Controlled Delivery System In China

In recently years,drugs and other contraband crimes becoming increasingly rampant with the characteristics of invisibility,intelligence and internationality in the countries all over the world while the traditional investigative measures are unable to deal with.Narcotics Control Commission of the United Nations called on countries to strength international collaboration of investigation in the field of contraband criminal,and controlled delivery as an active type of special investigative measure is widely used by countries,and has achieved fruitful results.Controlled delivery has been brought into the legal system in March 2012 of the revised Criminal Procedure Law of our country,which has provided legal basis for the application of the measure.And this is a tremendous progress in legislation.But the Criminal Procedure Law of our country highlights many inadequacies over controlled delivery,likely to cause a certain degree of confusion in the judicial practice.The abuse of controlled delivery in the practice of investigation may give rise to indulgence of criminal and violations of human rights as its specificity and lack of specific procedural norms.The legal issues of controlled delivery are analyzed in this paper,and the core content of this article is the legislation improvement of controlled delivery.First,this paper makes a brief introduction of the definition,characteristics and classification,which are the theoretical bases of controlled delivery.Then,the author introduces the present status of legislation and jurisdiction of controlled delivery in some developed countries and regions,and summarizes the legislative inadequacies in our country.Finally,in order to facilitate our investigation more efficient use of controlled delivery,the author offers some legislative proposals of controlled delivery from aspects of the application conditions,subjects of implementation,rules of evidence,procedural regulations,legal supervision,and so on.