A Study Of Controlled-delivery

According to the 1988 "United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Convention", "controlled delivery" refers to a technique, that is, in one or more States, under the supervision of competent authorities of knowledge or cargo, it permits illegal or suspicious narcotic drugs, psychotropic substances or their substitutes, go through or reach its territory with a view to identify crime involved in. In addition, the "Convention" put forward a series of recommendations to strengthen the controlled delivery of drug-related crimes in the investigation of the role as reference, including: the international community should emphasize the development of appropriate legal provisions authorizing their respective drug law enforcement agencies to implement controlled delivery; it is necessary to strengthen the means of modern investigative techniques and enhance drug law enforcement agencies in different countries to communicate under the control of ratification and implementation of efficient delivery mechanisms; enhance mutual understanding of the law between different countries and take part in training courses about the controlled delivery organized by the relevant country , such as collaboration guidelines. These long-term practice of the international anti-drug form valuable experience avails the full recognition and use of controlled delivery.Beside foreword and epilogue, the paper is divided four parts:The first chapter is an overview of controlled delivery. This chapter is divided into three parts: the first part is about the introduction of the concept of controlled delivery and its characteristics. In this section, first of all, the author discuss the translation of "controlled delivery". Although the "controlled delivery" is customary translation in the academic community and our country's scouting practice, but I believe that the habit of translation does not fully reflect the nature of the investigative techniques, which have been translated into a first name Analysis. Secondly, analysize different concepts of "controlled delivery" from the international literature and different theories of scholars at home and abroad, the author put forward his own opinion about the concept. Finally, controlled delivery, as special investigative techniques, has its special characteristics. The second part describes the classification of controlled delivery. In order to better understand the controlled delivery of this new means of investigation, based on their different perspectives, the author did various division. Partâ…¢describes the significance of controlled delivery. Controlled delivery ,as a new type of special investigative techniques, are associated with the development of drug-related crimes. Therefore, in the case of detecting drug-related crimes, the use of this tool is of great practical significance.Chapterâ…¡are the provisions of international conventions and international practice referred to controlled delivery. This chapter is divided into two parts: the first part is the introduction of controlled delivery at the provisions of international conventions. In 1988 ,controlled delivery is recognized by the United Nations as a cross-border regions which can effectively improve the detection of drug trafficking efficiency and effectiveness of criminal investigation methods, and formally is written into the 1988 United Nations "against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Convention." Subsequently, in 1990, "Global Program of Action ".In 1998 ,it is to strengthen international cooperation to counter the world drug problem" in 2000,in "the United Nations Convention against Transnational Organized Crime" and 2003 "the United Nations anti-corruption" Convention, controlled delivery has been further confirmed and improved. the second part is about the introduce of controlled delivery of international practice. Since 1988, in the United Nations "against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Convention," under the control of the delivery , a total of 137 countries and the European Community's is accession to the Convention. In order to ensure that the controlled delivery of the effective implementation of, the above-mentioned States, most of the countries through the development or modification of national law , provide a legal basis, such as Australia, Japan and so on; although some countries have not delivered under the control of the implementation of the development of specialized law, but they have developed a number of related procedural provisions in this situation, just like China. More and more and more countries are under the control of the growing emphasis on the promotion of the use of delivery and the successful detection of a number of international drug criminal cases.Chapterâ…¢are the problem of the status quo referred to controlled delivery. This chapter is divided into two parts: the first part is the introduction of our country under the control of the delivery of the status quo. from the perspective of our country, under the control of the legal provisions referred to controlled delivery, Code of Criminal Procedure about has nothing about it. The use of such cases neither means the scope of the investigation, approval procedures and the implementation of conditions, nor it means to the implementation of the principle of evidence preservation and supervision system. It can be said that the legal norms at the domestic level, under the control of the procedures in the delivery system, our country is in a missing status. However, this does not mean that our country is not under the legal sources of controlled delivery. On the one hand, our country signed and ratified a series of controlled delivery related to the implementation of international conventions, such as "against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Convention", "to enhance international cooperation to counter the world drug problem", "United Nations Convention against Transnational Organized Crime Convention, "and so on, these conventions is useful for the effective implementation of our country under the control of delivery to provide a legal basis; On the other hand, our country has not adopted the law for the definition of controlled delivery and norms, but based on national circumstances of the controlled delivery, the procedural provisions, such as the Narcotics Control Bureau in the Ministry of Public Security promulgated in 2002 a "collaborative investigation of drug cases that", the "rule" from the file, the record submitted for approval to organize the implementation of cross-border regions in terms of the detection of drug-related criminal cases to develop the detailed specifications, which also under the control of our country to implement a means of delivery of this investigation has laid a legal foundation. The second part is about Introduction of investigation of the problem in our country under the controlled delivery practice. Because controlled delivery is a new kind of investigative techniques, and our country has no special laws for their regulation, the practice in the investigation has had a lot of questions. The main problems are as follows: lack of procedures for the system to detect a lack of constraints means; the lack of effective supervision and restriction, it can easily be abused; the lack of the right to the relief program; lack of evidence system, the use of confusion evidence.Chapterâ…£is to improve the controlled delivery of our country under the control of the initial concept. This chapter is divided into three parts: the first part introduces the delivery of our country under the control of the basic principles which should be followed. Improve or build our country under the control of the delivery system which must follow certain principles, the principle of right because of the system for the establishment and implementation of specific directions. The author believes that these principles should at least include the following: the principle of adhering to appropriate behavior; adhering to the principle of last resort; adhering to the principle of statutory procedures; case-by-case application of principles to determine; reviewing the principles of supervision; adhering to the principle of reasonable doubt. of the second part is about introduction our country under the control of the delivery of the implementation of rules to be followed. Summing up the theory at home and abroad under the control of the implementation on the basis of delivery, the author put forward to improve the delivery of our country under the control of the implementation of the rules which should be followed, including: defining the scope of application of the case; the application of controlled delivery and implementation of the main object; the right to decide attribution; the use of evidence. The third part is about the introduction in our country under the control of the delivery system related construction. In order to better build our country under the control of the means of delivery, this investigation is not only from the controlled delivery to improve itself, but also improves the supporting system-building: to assist in improving the system; set up monitoring and surveillance system to detect; sound evidence system.