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Criminal Compulsory Measures Of A Number Of Issues To Study

Posted on:2011-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The system of criminal compulsory measures is a system with a long history in the criminal procedure. It works as the security system of criminal procedure and plays an important role in realizing the purpose of criminal procedure. Since the system we discussed above involves many constitutional protection such as human rights, property rights and privacy of the suspect and the defendant, we must strictly follow the procedure stipulation to avoid abuse. There are many problems in the system in legislation and practice in our country, and there is still pace in the system that cannot keep up with the international criterion and judicial principle, so we should carry on reform and amendment in designing the system and legislation. On the basis of analyzing the meaning of the criminal compulsory measures, applicable principle, the problems of application in our country and comparation between the practices in our country and the west countries, the author will put forward some suggestion for completing, and attempt to invent and improve some systems and procedures with practical significance.The article will be divided into four parts:In part one, the author will make clear the concept, characteristics, function, value of criminal compulsory measures, and make a list of main applicable priciples of it publically accepted by countries governed by law.In part two, the author will point out deviation and missing in concept and system design in our country, and make analysis of the five criminal compulsory measures in our country.In part three, the author will compare the domestic and international judicial control before trial and remedy, putting emphasis on the comparation between our system of obtaining a guarantor pending trial with those in foreign countries, thus draw lessons from others'advanced judicial ideas and successful practice to offer reference to improve and reform criminal compulsory measures.In part four, to solve the problems in the building and application of the system of criminal compulsory measures, the author will put forward suggestion concerning improving criminal compulsory measure in our country from macroscopic and microcosmic respects.
Keywords/Search Tags:The criminal coercive measures, The bail system, Guarantor, pending trial, Compare, Consummate
PDF Full Text Request
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