Criminal Coercive Measures

According to the legislation and popular theory of criminal procedure, criminal compulsory measures are defined as the restriction and deprivation to the freedom of the accused. The point of this paper is, criminal compulsory measures should be a protection, especially a constitutional protection, to the freedom and other rights of the accused. On the other hand, it is also a restriction of the powers concerned during the course of compulsory measures. Judged by the constitutional rights a citizen deserved in criminal procedure, the constitutional protection of the citizen in the current compulsory measures regulations is far from enough. The paper begins from the constitutional rights of the accused, to discuss related regulations of the compulsory measures.The following aspects are discussed in the paper.The preface of the paper focuses on the current problems of compulsory measures in China, which is thought to be the precondition of the paper. Judged from the rule of law principle and internal criteria of criminal procedure, the compulsory measures in China should be reform from both system construction and legislation.Chaper 1 is about the concept of compulsory measures. Based on the introduction of the history of legal concept theory, which has developed from obligation to right, and the relations between the constitutional rights and compulsory measures, the paper conclude that the concept of compulsory measures should logically be analyzed from the fundamental rights to define the object of procedural bodies, and hence declare that compulsory measures is the action of the state to interfere the constitutional rights of the accused for the purpose of prosecution and trial.Chapter 2 discusses the objective and function of criminal compulsory measures. Firstly, the reasonable objective of criminal compulsory measures should include the followings, that is, justice, efficiency, accuracy and participation of the parties, which should be achieve under the balancing principle. Secondly, criminal compulsory measures should have such functions like the fulfillment of criminal objective and tasks, the rule of law in procedure, the realization of the inner values in criminal procedure, and the guarantee of the constitutional rights of the individuals.Chapter 3 is about the principles of criminal compulsory measures. Given the...