Research On Controlled Delivery Measures In Criminal Litigation

Under the background of comprehensively advancing the rule of law in China and building a socialist country ruled by law,it is imminent to complete the task of promoting the construction of the rule of law in China and realizing the rule of law in investigation.As an undercover operation,controlled delivery measures have played a pivotal role in drug crimes,smuggling crimes,organized crimes,duty crimes and other cases since the Criminal Procedure Law of 2012 clarified its legal status.However.due to the fuzzification of China's legislation,there are many problems in the operation of judicial practice.Therefore,this thesis elaborates on the controlled delivery measures from five aspects.The first part is a legal analysis of controlled delivery measures.First,the concept of controlled delivery measures is defined by the United Nations Convention against Corruption,United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the United Nations Convention against Transnational Organized Crime.The controlled delivery measures are divided into three types:domestically controlled delivery and internationally controlled delivery;delivery under the control of people and goods and delivery under the control of separation of people and goods;delivery under harmful control and delivery under harmless control.Than,introduce the characteristics of controlled delivery measures.Finally,I will analysis the attribute value of controlled delivery measures.The second part is the international application of the controlled delivery measures.This part adopts the comparative method and analytical method,which lists the legal regulations in the civil law system,the common law system and international conventions,and intends to find reference to the judicial practice in our country.The third part mainly analyzes the legislative status and existing problems of China's controlled delivery measures.I look for the cultural origin of China's controlled delivery measures by studying the ancient Chinese literature,then I analyse the present situation of legislation and judicature in China,and finally I expound the problems existing in China's controlled delivery measures in four aspects.The fourth part is to improve the specific way of China's controlled delivery measures.In view of the problems in China's controlled delivery measures mentioned in the second part,it is improved from four aspects.First,the concept of controlled delivery measures should be clear.Second,detailed procedures for application of controlled delivery measures.Third,the supervision mechanism of controlled delivery measures should be improved.Finally,the use of evidentiary materials should be regulated.