Several Issues Of Criminal Coercive Measures

In criminal law coercive measures are related directly to the personal liberties of criminal suspects and defendants,and the personal liberties are the core of human rights.According to the common theory in Chinese procedure law,criminal coercive measures are the legal measures adopted legally by the Polices,the Procuratorates or the Courts towards the criminal suspects and defendants by means of limiting or depriving the personal liberties to guarantee the proceeding of the procedures.People have different understandings on the connotation and extension of coercive measures home and aboard.Among the researches on criminal procedure law in our country,people often make the concepts of coercive measure,coercive punishment and coercive investigation mixed and confused.The establishment of criminal coercive measures has its legitimacy through the views of three layers which are nation governing,social orders and procedures.The criminal coercive measures in our country are seriously influenced by such factors as the imperfect of the coercive measure system,the expanded authorities existing in several articles of judicial interpretations,the bad applications of the principle of proportionality,the difficulties of balancing the rules and exceptions,the impacts of the dual-appointment and dual-prescript,etc.The author bring forward some legislation amending suggestions aiming at the imperfect of the coercive measures system and types and the problems existing in the coercive measures such as bench warrant,recognizance, supervision of residence,arrest and apprehension in our country.