A Research On The Standardization Of Criminal Detain System In China

From the viewpoint of constitutionalism, the criminal compulsory measures are the actions taking by the prosecuting organ and the court that infringes the autonomy o f the will of the people and violates the constitutional rights of the people.Seizure in criminal procedure directly involves citizens'property,privacy,freedom of communication and other basic rights.In current legal texts,the provisions of the criminal seizure play a very important role in regulating investigation activities and protecting related peoples'legal interests.However,the deficiency of legal provisions and other extrinsic factors'influence give rise to unlawful seizure,repeated seizure and seizure injuries.The application of the compulsory measures must follow the requirements of the principle of proportionality and the principle of judicial review. Because the personal property right hadn't been viewed as the constitutional right of the people for a long time, the search and seizure was not put into the system of the compulsory measures in our country, and this is of great disadvantageous to the protection of the people's property right.So,efforts need to be made to enlarge the scope of objects of seizure, as this constitutional amendment declared that the personal property right is the constitutional right. Our criminal procedure was proposed to be amended accordingly ,endow special people with the right of exemption from seizure,regulate the procedure of seizure,and establish the relief mechanism of criminal seizure ,and the search and seizure be put into the compulsory measure system.