An Approach To The Systemization Of Criminal Compulsory Measures

System of criminal compulsory measures is an essential part in criminal procedurebecause of its internal character. To rationalize and modernize the criminal procedure inChina , the system must be improved even reconstructed. "Systematization"is the goal fordeveloping the system, and, it not only means the systematization inside the system, but alsorefers to systematizing with other related systems, it is called the construction of"double-systematization".The essay is to analyze and summarize the disadvantages of the current compulsorymeasures system in China from the two aspects of theory analyzing and practice investigating.It suggests that the modern criminal procedure requires the systemization of the compulsorymeasures, and explains the basic double-systemization in detail.The essay is divided into four parts. The 1st part is theory analyzing and problemsrevealing. This part briefly introduces and summarizes the studying conditions for presentcompulsory measures in China as well as the related legislation in other countries or districtsfrom the purely theory analyzing. The purpose is to conclude the deficiency in the theorystudying field in China nowadays. The 2nd part is a survey on the current operation of thecompulsory measures. It is a questionnaire which gives a more factual conclusion from thefirst-hand feedback. It analyzes the problem from the practical side. Based on the analysis ofthe two parts, the 3rd part proposes the "systemization"viewpoint. Moreover, it applies thetheory of systemization to the construction of the compulsory measures to build thedouble-systemization. The relevant elements are also analyzed in this part. The last part is aconclusion. It emphasizes that the double-systemization should be put to the improvement andreconstruction of the compulsory measures based on the reality and the legislation in China.