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Personal Coercive Measures In Criminal Proceedings Reconstruction Theory

Posted on:2007-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q S GongFull Text:PDF
GTID:2206360212970452Subject:Law
Abstract/Summary:PDF Full Text Request
For the present in our country, hard use of personal coercive measures out of the law still exist in the system of personal coercive measures which have senous defects because of over-crude legislation. Personal coercive measures out of law include such "legal"measures used in accordance with the law as summons, keep questioning, "double rules", using weapons and police equipments, personal checking and searching.At the same time,they include such inveterate measures not used in accordance with the law as forcibly seizing, being bound over to obey.forcibly trespassing,forcibly taking personal trait.These inveterate measures have something reasonable which shoul be bring into compulsory criminal coercive measures in order to be standardized.The defects of the five lawful personal coercive measures can be seen in the following conditions as no rules on summoning without certificates,over-lack of time of summons in twelve hours, no limit of intervals and times about continual summons,the dialect of "detaining" being inappropriate,the requirements set for detaining being not proper,the time set for detaining being over-long,the method for calculation of custody time being uncertain,detaining measuers be misused frequently for lack of control, the"arrest" not deserving the name,conditions for arrest in custody being not easy to master,the performing process of arrest approved or not approved having no strict requirements, custody after arrest being lack of control,Taking "await trial after QuBao" as one of coercive measures being not sitiuable,which should be reformed as a system of "bail" in which the way of binding oneself to keep the peace should be added and the crime of "escape after bail" can be set. The major defect about the measure of supervision of residence is nothing but an empty shell,which is usued under an excuse for unlawful detention.For such defects lined above,the writer postulate that the domestic personal criminal coercive measures could be reset as the following six kinds:stopping on the spot, personal checking and searching, summoning before question, examination after arrest,await trial in custody, supervision of residence. Such methods as being bound over to obey .forcibly seizing, using weapons and police equipments can be used under situation of stopping on the spot.Methods of personal checking and searching include personal searching on the...
Keywords/Search Tags:criminal procedure, personal coercive measures, reengineering
PDF Full Text Request
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