控制下交付逐案判断原则研究

Research on the Principles of Case by Case Judgment under Controlled Delivery

《联合国禁止非法贩运麻醉药品和精神药物公约》《联合国打击跨国有组织犯罪公约》《联合国反腐败公约》确立了控制下交付应当遵循逐案判断原则。控制下交付的逐案判断原则在指导和引领世界各国控制下交付的立法、司法、执法方面发挥了重要作用,也是开展国际控制下交付必须遵循的根本性准则。作为上述三大国际公约的缔约国,我国将来控制下交付的修法也应当确立逐案判断原则,这既是履行国际法义务的需要,也是防范和规避控制下交付所蕴含的巨大风险的必然要求。

The principle of judgment to use controlled delivery shall be made on is established by the United Nations Convention against Illicit Traffic in Narcotic stances, the United Nations Convention against Transnational a case-by-case basis, Drugs and Psychotropic Sub- Organized Crime and the United Nations Convention against Corruption. The principle of judgment on a case-by-case has played an important role in guiding and leading legislation, justice and law enforcement for each country in the world and becomes a fundamental criterion for international controlled delivery. As a party to the three major international conventions, the principle of judgment on a case-by-case basis should be established in the future, which are both a requirement to fulfill its obligations under international law and an inevitable requirement to guard against and avoid the enormous risks implied by the delivery of control.