China Criminal Coercive Measures

Criminal compulsory measures are right vitally related that institutional importance in litigation in pertaining to crime constitute the part, its system design and put with the citizen into practice, reflect the judicial rule of law in a national pertaining to crime turn the level.Our country compulsory measure system heads for the legalization gradually, but still shortage having obviously with blemish, the system designs the not enough science in aspect perfect, puts in a specific way into practice the inside also exsits a lot of problems, cause actual ineffective, need to be taken into perfect with re-constructing.The traditional standpoint thinks:Compulsory measures points the public powers method organization for guaranteeing the pertaining to crime litigant smoothly progress, by law to suspect person, accused in crime the person adopts in certain term to limit or deprive the free legal in its Human body compulsory method.The purpose of the our country code of criminal court has got with function the localization, as a result to the define of the compulsive measure too not accurate.The modern standpoint thinks, compulsory the measure system should regard basic right in citizen as to set up the foundation, the representative is national compulsory the compulsive measure of the dint proceeds to interfere to the basic right in citizen must is made by procedural restrict roughly.Writer pertaining to criminal compulsory measure definition is Judicial organ according to the legal procedure, for guarantee the pertaining to crime litigation activity smoothly progress but to suspect person, accused in crime what person puts into practice interferes the palliation of its constitution right compulsory method.Investigate the modem type pertaining to criminal procedure system nation, compulsory measure system has the universality characteristic in procedure principle with construction totally:Human rights guarantees to have the initiative;The establishment reviews the future prospects preface judicatory the reviewing the mechanism;Establishing the perfect judicatory gives relief system.The relatedprovision of the our country code of criminal court now the request of the comparison principle.To compulsive measure category with carry out the procedure made the concrete provision, compulsory measure apply the term also takes into the provision strictly with procedure.The procuratorial organization is used as the judicial organ, exercising the law the direct the power, to criticize to catch the power practice the judicatory investigates, to investigate power proceed investigate the direct.But with abroad compulsory the measure system compares, our country the code of criminal court exsitses more serious in carried through comparison principle aspect demand took into perfectly, judicatory practice of is mutually with that principle the way of doing that deviate from;The request that leave the procedure legal principle returns farther;Establish the real the judicatory on the meaning reviewing system more not.Appear a nice bit of problem in compulsive measure put process into practice, current the reason on the lawmaking, and also the esse enforces the law not strict, have the method not according to of circumstance, even expose the system shortage of design, enforcing the law the principle.Pass the abroad compulsory measures are institutional to investigate more, can get a conclusion, the judicial reviewing mechanism that establish to review the future prospects preface, is an institutional and inside request in litigation in pertaining to crime in modern type.Therefore at front, reformed of basic way of thinking an is"limit the power with the method", pass the law modify, perfect and current and compulsive measure system, make it more reasonable;Two is "cure the power with the power", should draw lessons from the abroad experience, join together the our country actual, to our country pertaining to crime compulsory measure system gives re-constructing, the point to be attended to consist in establishing characteristic compulsive measure in China judicatory reviewing system, combine,to establish the right gives relief system, attain with the power check and balance power, invite with the right system the purpose of the power.Seeing from prospect, the writer also agrees to establish to regard court as to review the front judicatory the reviewing the system centrally,but judicialparticipation should be expanded.Meeting the current Chinese effective demand is compulsive measure to establish with the power of prosecutor for core judicatory reviewing system that purpose that judicial reviewing power, give the organization of prosecutor to the compulsive measures, to make the law direct not to the extent of empty, attain to divide the power check and balance. Should strengthen the working talent of lawyer at review future prospects preface at the same time, increase to establish the court judicatory gives relief procedure, to pursue for the power give to make roughly, to make the power and right a circumstance for tending in equilibriumly, preventing with reducing not appropriately applying compulsory measure but infringing upon legal right in citizen.