The Research On Evidence Issue Of Controlled Delivery

Controlled delivery,as a special investigative measure,has been widely applied in public security organs to fight drugs,smuggle and destroy financial management and order,and has achieved remarkable results.In 2012,the newly revised criminal procedure law clarified the legal status of controlled delivery,and stipulated that the evidence material obtained by controlled delivery measures could be used as evidence,which ended the embarrassed state of controlled delivery in the practice of investigation.But there are two or three principled clauses in the new criminal procedure law,which are not enough to support the complex problems in the practice of controlled delivery,especially when the evidence obtained from the controlled delivery measures is applied.The existing research results in academic circles mainly regard controlled delivery as a special investigative technology,which is regulated by procedural rules.The research on evidence theory is not enough,and the research is weak.This dissertation uses comparative and empirical research methods,in virtue of criminal procedure law and criminal investigation theory,to carry out a detailed study in the evidence of controlled delivery.The first part of the dissertation analyzes the evolutionary law of controlled delivery in the judicial adjudication over the years and expounds the academic value of the evidential issues of the controlled delivery.The second part mainly analyzes the definition,classification and operation steps of the controlled delivery measures.It points out that there are many peculiarities in the confidential and technical features of controlled deliveries that are different from the traditional detection measures under controlled delivery.The third part mainly examines the current situation of the use of the evidence obtained from the controlled delivery measures in our country.By combing the relevant provisions concerning evidence obtained from the controlled delivery measures of the current legal system in our country,the paper points out the evidences brought under the control of the lack of legislative norms.The fourth part gives a detailed analysis of the prominent issues applicable to the evidentiary delivery of these two special types of controlled deliveries under innocuous controlled delivery and transnational controlled delivery.The fifth part puts forward concrete plans for improving the evidence system delivered under the control of our country,from the procedure of evidence collection delivered under the control of norms,giving the procurator organs the right to use the evidence of investigation and prosecution,improving the procedure of proof of trial and the rules of evidence for the delivery of evidence under the controlled delivery measures and other aspects of the system of evidence delivered under the control of the program to be built.