On The Application Of Criminal Coercive Measures And The Guarantee Of Human Rights In China

Criminal coercive measures is a statutory authority, in order to ensure the smooth progress of the criminal proceedings and to the criminal suspect, defendant be temporarily restricted or deprived of their liberty method.The whole process of criminal coercive measures not only throughout the activities of the criminal proceedings, but also the criminal litigation system important part. And the purposes of criminal coercive measures can also contribute to the smooth progress of the litigation activities promptly and effectively prosecuted and punished for criminal acts and criminal, coercive measures also directly related to the maintenance of the legal rights of citizens, to be able to reflect the country’s degree of democracy and the rule of law. With the deepening of judicial reform and the development of the system of protection of human rights, the punishment of criminals has become the hidden purpose of the criminal proceedings, the protection of human rights has become the dominant requirements of the criminal proceedings. Traditional concepts and institutional reasons, China’s 《Criminal Procedure Law》 provisions relating to the criminal coercive measures in the protection of human rights, there are a lot of problems and deficiencies in judicial practice also exposed, such as a disguised form of detention, extended detention, or inadequate conditions of arrest, detention rate over higher. However the criminal coercive measures as a litigation system is closely related to the citizens’right to personal freedom, its scientific and rational system for the purpose of crime combating and protection of human rights can be achieved directly involved in criminal proceedings. Although in2012March, the National People’s Congress on current criminal procedure law was revised, but did not complete the introduction of advanced international concepts, there is also the need to improve and perfect place, such as the criminal detention period is too long, did not set the pretrial judicial review system is the protection of human rights issues. This article through to the legislation and judicial practice of criminal coercive measures to study and discuss, examine the role of criminal coercive measures, function as well as the two sides, thereby the criminal coercive measures to further reform and improve the proposed, to ensure our country’s criminal coercive measures in punishment and protection means, have important practical and theoretical significance.