Research On The Criminal Warrant System

Serving as an important part of criminal coercive measures system, criminal warrant system is not only a powerful weapon for public security and judicial departments to punish criminals, but also a significant tool to ensure people's human rights. Furthermore, it helps make criminal lawsuit activities work out smoothly and represents the superiority of Chinese socialism judicial system. However, as an important criminal lawsuit system, Chinese related provisions seem to be much too abstract and brief. Though there have been detailed normalizations and complements as to the warrant's applicable conditions, suitable objects, warrant interval and procedure through related judicial explanation and regulation by related departments, the content of provisions is still not full enough. These problems still exist: unclear division between criminal warrant and certain investigation measures; too general regulations concerning applicable procedures; regulation of warrant time being too short, leading to a lack of practicality and applicability in judicial practices. And our tradition of"paying too much attention to result rather than procedure"neglects human rights protection. Therefore, there is a strong suspicion about the necessity of the existence of criminal warrant system.The emergence, functioning and development of each system will be backed up by theories. There is an urgent need to reasonably construct and perfect our criminal warrant system. Through researching and analyzing current theories, this thesis will examine the development of criminal warrant system, compare with other countries as to this matter, study the advanced experiences in other districts, list the applicable conditions for warrant measures by Chinese judicial departments, analyze Chinese current legislative situation and problems and put forward legislative suggestions on perfecting Chinese criminal warrant system. These suggestions include: expanding the system of arrest object; the introduction of unlicensed arrest; perfect assist warrant; establish entrust arrest; enhance the legal supervision; strengthen legal concept; improve the judicial personnel quality and establish the relief system for error warrant.