Research On The Question Of Remedy For Criminal Compulsory Measures

According to the purpose of prosecution, the prosecutor take kinds of criminal compulsory measures to realize judicial function . The criminal compulsory measures tort the freedom ,the property rights and the right of privacy violation of the citizen's person. So we must give the positive remedy. The point of this paper is, the remedy for criminal compulsory measures should be a protection to the 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 right of prosecution. The author puts forward some suggestions to constructs the remedy for criminal compulsory measures of our country the and to discuss related regulations of the compulsory measures. The following aspects are discussed in the paper.Chapter 1 is about the concept of the remedy for compulsory measures. Based on the constitutional protection, restriction of the powers and rights remedy, the paper conclude the concept of remedy for compulsory measures. Then the author analyzed that criminal compulsory measures should tort personal freedom, the property rights and the right of privacy .So we have to perform to provide remedy, which defends the legitimate rights and interests.Chapter 2 and Chapter 3 is about the theory founds and the values of the remedy for criminal compulsory measures, we proposed that its jurisprudence foundation is the right standard theory, its constitutional foundation is to control the authority and safe the right, and its procedural law rationale is the right procedure theory. The point of this paper is, the values of remedy for criminal compulsory measures is fair, the human rights, rule by law and order.Chapter 4 has discussed remedy for criminal compulsory measures of the overseas. The author introduced English, American, Japanese and Germany's remedy for criminal compulsory measures then analyzed the way for remedy.Chapter 5 has analyzed the present situation of our country. The author pointed out that there exists several kind of ways to relieve the criminal compulsory measures. At the same time, the author discussed the reason for the present situation and reconsidered it.