Criminal Compulsory Measures

Criminal Compulsory Summon is a very important system, not only because it relates to successfully carrying on Criminal Procedure activity, but also it produces notable impact on safeguarding Human Rights during Criminal Procedure. Applying Criminal Compulsory Summons will inevitably and objectively restrict or divest the Suspect and the Accused of their personal freedom at different degree. If we apply them unsuitably, we are certainly likely to infringe upon civil essential rights. The principle of legality, the principle of proportion and the principle of modification should be carried out when applying Criminal Compulsory summons. Applying them in the range of legal kind is prerequisite for legality of any act. The subject and the object, the goal and the factor, the procedure and the time limit are exterior, interior and key conditions of the principle of legality. Appropriation of goal, diversification of choice, some reasons of consideration, little outcome of infringement, proportion of comparison and civilization of execution are fundamental requirements for the principle of proportion. In order to implement the principle of modification, no Interrogating after Compulsory Summon, no Investigating after Bail, no Releasing after Detain and no Trying after Arrest must be corrected in practice.Not only in vertical history, hut from horizontal nations, details of their Criminal Compulsory Summons are no little different from our present regulations. Privileged idea and class viewpoints are their distinct nature. But some advanced and democratic spirits also contain in them. Judged from three kinds of our ancient Criminal Compulsory Summons only, Compulsory Summon, Arrest and Imprison reflect their historic legitimacy and intimate connections, although the present law is transplanted from foreign lands after the last reign of the Qing Dynasty. In the present world, many legal systems, just like England-America legal system, Big-Continent legal system, and other scattered or systematically stipulated statue books, all witness the perfection of their Criminal Compulsory Summons, which have brought safeguarding and relieving rights of the Accused.In the view of the history and the world, the most important thing to change the aspect ofabusing Criminal Compulsory Summons in our present Criminal Execution is to consummate our Criminal Compulsory Summons by taking the opportunity of amending the Criminal Procedure Law. Generally, great efforts can be made in three large fields: to reestablish the system, to rebuild the content and to perfect the procedure. In the field of reestablishing the system, we ought to bring Seized by the Masses and Wanted Orders to the category of Criminal Compulsory Summons, establish confining register, congealing property, confining manage, paying cash deposit, etc. which are directed against the crime by a unit Residential Surveillance ought to be lift based on present specific situation and the technique of Criminal Investigation Measures ought to be improved in order to suit the needs of struggling with crimes and guaranteeing human rights. In the field of rebuilding of content, jobs may include enlarging objects, clearly defining details, extending time limit, stipulating inter-time, unifying summon, substantiating procedures and concretely improving Compulsory Summon;other jobs include adjusting suitable objects, restricting amount of cash deposit, establishing executive structure, utilizing achievements of science and technology, making clear transformable Arrest and making sure executive supervision, shortening allotted time of Detain according to basic property of Detain and developing trend of present criminal execution, analyzing Arrest again to separate Imprison from Arrest, modifying factors of Arrest, defining allotted time followed Imprison and specifying pledging, examining and resolving. In the field of perfecting of procedure, we should define the System Administrative Examination, put into real Warrant, lead into two sets of systems: Hearing and Reexamining Imprison.