我国毒品犯罪的控制下交付探析

An Analysis on Controlled Delivery of Drug-related Crimes in China

日趋严重的毒品犯罪已成为全球性问题,正呈现出跨国、跨地区的态势,加之犯罪的方式、方法不断翻新,更加隐秘和诡异,这就给侦查工作带来一定的困扰,控制下交付作为一种有效的侦查措施应运而生,并逐渐得到国际社会的认可和推广。我国修改后的刑事诉讼法首次对毒品犯罪的控制下交付加以确认,但规定的过于简单。从控制下交付的产生,在国际社会运用的有益经验的角度,分析我国司法实践中使用控制下交付存在的问题,提出在控制下交付的实施、程序、协作机制等方面加以详细规定,使控制下交付在打击毒品犯罪中发挥更大的作用。

Increasingly serious drug-related crime has become a global problem with the transnational and trans-regional tendency. Besides, the constantly changing means and ways of committing crime are more secretive and strange, which brings a lot of troubles in the process of investigation. Under this circumstance,controlled delivery emerged and gradually gained the recognition of the international community as an effective investigation measure to cope with the dilemma. Although controlled delivery was confirmed in the revised Code of Criminal Procedure for the first time in our country, the law was too simple to fully fight against drug-related crime. In this paper, from the emergence of controlled delivery, and from the perspective of the helpful practical experience in international society, the author analyzed the existing problems of the controlled delivery in judicial practice, and proposed that detailed regulations about the implementation, procedures and cooperative mechanisms of controlled delivery should be presented so that it could play a greater role in fighting against drug-related crime.