Study On The Controlled Delivery Measures

The current criminal procedure law affirmed the legitimacy of controlled delivery measures as a means of investigation,which is a great progress in the legislation in our country.However,joy beyond,we should also see that there is still a gap compared with the western developed countries.In order to explore more standardized investigative measures to effectively punish crimes,researching controlled delivery measures has a very important significance.The concept of the controlled delivery measures is the starting point of the research.In the current domestic academic circles there are four main kinds of representative theory about the connotation of the controlled delivery: the special investigative means,the secretive investigation means,the transference under supervision and the drug crime investigation strategy of original or substitute.In a comprehensive review of domestic and international perspectives,we can acquaint the connotation of controlled delivery measures from the following aspects: the implementing subject,implementing conditions,implementing scope and implementing procedure and so on.To acquaint the connotation is to grasp the essence which also is the theoretical basis to distinguish the controlled delivery measures from temptation investigation,undercover investigation and technical investigation.Nature can be said to be the label of things,so it is an essential course to extract the nature from its concept.It is its secrecy,monitoring,legitimacy,initiative and comprehensive that decide the controlled delivery to exist as a kind of special investigative measure.Everything has its value of existence,the controlled delivery measures is no exception.It shows a natural advantage in preventing risks,getting evidence and enhancing corporation and so on.Meanwhile,its potential risks of tort and fail should not be ignored.Controlled delivery is the product of legal transplantation,which first rises in the United States and after the development in Europe it trends to internationalization.So far,there are three main modes of regulating the controlled delivery under,namely to the model of legal gaps represented by the United States,the clearing legislative mode represented by Australia and the setting exception mode represented by Japan.Different from the United States,Australia and Japan,our country uses the comprehensive legislation mode.In our country,the three convention,the criminal procedure law,the relevant judicial interpretations and departmental rules offer the basis of legitimacy to the controlled delivery measures.However,compared with developed countries,the legal regulation of China is still very rough,take the criminal procedure law for example,there is only one directly related provision on the controlled delivery and specific applicable conditions and procedures under the control of delivery are without any provisions.Although there is related mention about applicable scope and applicable procedures,there are many unreasonable places.In this aspects,we can regard the provisions of international treaties as reference,learn from the advanced countries and combine with China's actual situation to improve the regulation from increasing the applicable subject,expanding the applicable scope,clearing the applicable conditions and standardizing the applicable procedures.