论控制下交付的适用范围

On Applicable Scope of Controlled Delivery

新《刑事诉讼法》首次对控制下交付给予法律层面的确认,但是由于缺乏申请与执行程序的具体规定,控制下交付在侦查实践中很难发挥出应有的作用。然而无论是构建程序性法律规范还是加强公安机关的实际应用,应当首先明确控制下交付适用于哪些案件,即控制下交付的适用范围。因此,本文从控制下交付的含义和基本属性出发,探究控制下交付的适用范围,并且对毒品犯罪控制下交付的案件适用特点做出进一步探讨。

The new “Criminal Procedure Law” gave controlled delivery legal confirmation for the first time. But due to the lack of regulations of application and execution, it’ s difficult for controlled delivery to play its due role in the criminal investigative practice. However, whether to build procedural regulations or strengthen the practical application, it is most important to identify the applicable scope of controlled delivery.Therefore, his paper studies the applicable scope of controlled delivery depending on its conception and basic attribute, then makes further exploration about its applicable scope in drug crimes.