Research Of The Controlled Delivery Under The Background About The Legalization Of Technical Investigation

Revision of “Criminal Procedure Law” in2012,“Technical investigationmeasures” has been set as a section in the chapter “Investigation”. It is confirmedthe significance of the special investigative measures and the secret investigationmeasures in Litigation Law. In this section, the provisions specified in thisinvestigation method of controlled delivery. The dispute for the controlled deliveryis belongs to the technical investigation measures, now still exist. This article fromthe four aspects of controlled delivery is studied from the aspect of law suit.In the first part, the author gives an analysis of the technical investigationmeasures and emphasizes the technical investigation measures as a concept ofprocedural law is different from the special investigative measures and the secretinvestigation measures. At the same time, the criminal procedure law since thecontrolled delivery as “technical investigation measures” section, is admittedits measures of technical investigation status. Researching should not be drilled intothe "technology" of the horn and put The range of controlled delivery of technicalinvestigation measure separates from outside. In the second part, This article discusethe legitimacy of controlled delivery from three aspects as the perspective ofinternational law, foreign use and legislation and the reality of our country.Controlled delivery is a transnational drug crimes investigation measures at first, andgradually applied to combat transnational organized crime and corruption crime. With its utility is gradually being accepted, countries gradually accept theinvestigation measures in the legislation. In our country, before the promulgation ofthe criminal procedure law, controlled delivery has been widely used inthe investigation of drug crime and, and achieved significant results. In the thirdpart, the process of controlled delivery problems is studied. In the law of criminalprocedure, only one provisions involves the controlled delivery clauses, the specificapprovalling, using, and the value choicing in the process of using, have had to focuson. At the same time, it clarifies and expounds the difference between the controlleddelivery and entrapment or the temptation investigation. The fourth part of thearticle, analyses the problems of the legal entity controlled delivery and evidence. Inthe case which used the "controlled delivery", the complete form of crime shouldreference the current practice. The judiciary should be in accordance with thecharacteristics of each case reasonable judgment, in accordance with the law topredict the possibility of citizens. The investigation organ should also establish theevidence base concept and pay attention to collection and fixed on the evidence.