A Study Of Seizure And Delivery

Seizure and delivery is the right the law gives the citizens to fight against the criminal acts. Any citizen of The People's Republic of China is qualified to seize criminal prospects or criminals and turn them over to The Public Security Organizations, The People's Prosecutors'office, or The People's Courts, only if the criminal prospects or criminals are in accordance with the ones described in Criminal Procedure Law, Article 63 , any person being seized and turned over should not resist. However, due to the defects of legislation, the system of seizure and delivery becomes useless in practice because of it's lack of operability, or because of the ordinary people's misunderstanding, error even malicious seizure and delivery often happens. In order to make the system of seizure and turning-over a good operability and play a sound role in practice, the systematic study of the system becomes very necessary and valuable.In this article, the writer analyses the concept, the meaning and the values of the system of seizure and turning-over. Pointing out the deficiencies and shortcomings of China's current system of seizure and turning-over .Examining and drawing lessons from the relevant system of civil law countries and common law countries in the world, putting forward a number of ideas on how to build a sound system of seizure and turning-over and make it useful in practice. Except for the preface, the text is divided into four parts:In the first part "an overview of seizure and turning-over ", the writer mainly deals with the concept, the meaning and the value of seizure and delivery, the nature of the system is expounded. By comparative analysis of several main points, the writer gets a conclusion that seizure and turning-over should be a kind of compulsory measure of criminal action.The second part, "Review of China's current system of seizure and turning-over", analysis the deficiencies and defects of our current system. Pointing out that China's current regime of seizure and turning-over has a number of problems that need urgent solutionThe third part "evaluation of seizure and turning-over in foreign criminal procedure," mainly introduces the relevant systems in major civil law countries and common law countries, as well as mixed-mode country, drawing on its reasonable composition and useful experience, in order to improve our current system of seizure and turning-over .The fourth part "make the system of our seizure and turning-over perfect" is the focus of this article and the difficult part of writing. learning from the predecessors in their research, taking in the useful experience from the relevant regimes abroad, the writer is putting forward a number of ideas on how to make our current system of seizure and turning-over a sound system, giving seizure and turning-over the nature of compulsory measures and giving the citizens the right to apply some compulsory measure in certain condition in order to protect the public interest. Try to make the cases seizure and turning-over applied as specific as possible, make the objects to be seized and turned over easily recognized in practice. Through clear rights and obligations of the subjects and the objects of seizure and turning-over, in particular, clearly putting forward the subjects the obligation to provide a reasonable basis to assure the legitimacy of their seizure and delivery, while providing the objects to be seized and turned over the obligations of tolerance, to provide the subjects and objects the norms and guidelines of their behavior, equally protect the subjects and the objects. Striving to achieve not only crack down on crime, and do not result in violations of human rights, so that the system actually plays out its functions. To realize the good wishes that the whole society take positive action to fight against criminal acts and build up a harmonious society.