控制下交付在侦办零包贩毒案件中的实际运用问题探析

Analysis on the Practical Application of Controlled Delivery in the Investigation of Retailed Drug Trafficking Cases

控制下交付作为一种侦办涉毒、涉枪等严重跨国犯罪的必要侦查措施无论在国际法还是在国内法都有法律依据,但也有严格的限定范围。基层公安机关在办理零包贩毒案件过程中也普遍应用控制下交付,实践中的控制下交付已经不是制度和理论上的控制下交付,并且有滥用的倾向,但是制度本身的立法目的却没有达成。这一现象的背后有着深刻的社会学成因,也反映出基层民警办案中自身内在的逻辑。

Controlled delivery as a necessary investigative measure to detect serious transnational crimes such as drug-related and gun-related crimes,it has a legal basis in both international and domestic law,but also has strict limits.The grassroots public security organs are also widely used it in retailed drug trafficking cases.However,in practice,controlled delivery cannot be delivered under the leading of the system and the theory,and there is a tendency to abuse,the legislative purpose of the system itself has not been achieved.Behind this phenomenon is a profound sociological cause,which also reflects the inherent logic of the grassroots police.