Criminal Force Case System Study

My thesis bases on theory discussion and comparative analysis. The objective in the present endeavor is to explore how to use the compulsory attendance' measures legally and moderately.The full text is divided into preface and main body. The main body is made up of four parts.Part one has mainly done the analysis of generality to meaning and main characteristics of the compulsory attendance' measures. These measures are adopted by police, prosecutor and court generally. But the subject of citizen' arrest is citizen. The goal and function of these measures is to guarantee the needs of investigation and trial by compulsory attendance. And these measures are concerned with the constitutional rights of citizen. The main characteristics of the compulsory attendance can be generalized to two: dominate body compulsorily; detain temporarily.Part two talks about the basic principles of the criminal system of compulsory attendance. The basic measures of the compulsory attendance include arrest, summoning by force, and citizen' arrest. And they also have some common working principles themselves. These measures must be legal. And in the implementation process we should notice that the compulsoriness should be limited properly and necessarily. In addition, there must be a temporary detain go after the attendance' measures. The star form of the authority disposition is administrative decision mechanism. A one of primary purposes existed in compulsory attendance' measure is safeguarding human rights, but the premise of them is to limit or deprive the basic right. So the suspects and defendants which been arrested or summoned by force should have some right, in order to avoid abuse of compulsory attendance' measure.Part three analyzes and compares foreign criminal systems of compulsory attendance. This part introduce the compulsory measures of American, England, Germany, France and Japan firstly. For instance, these measures in American and England are all called "arrest", and include arrest with warrant and without warrant, citizen' arrest contains in arrest without warrant And then, after the introduction, this part compares the discrepancies of compulsory attendance' system in this five countries. There are three discrepancies between them. In American and England, the criminal prosecution procedure stars from the arrest, but in the countries of continental law system are not. These countries only serve them as investigative measures. Many cases carry on investigation and prosecution without arrest. In American, England and Japan, arrest is the premise to detain, but in France and Germany, arrest and detain have no direct connection. And the concrete types of compulsory attendance' system in these countries are different.Finally, part four expounds the current situation of our country's criminal system of compulsory attendance and its reform. Our current system of these measures includes summoning by force, detain, citizen' arrest, and preferment of arrest. Reformed measures of compulsory attendance should consist of summoning by force, citizen' arrest and arrest with warrant and without warrant, in order to meet the need of practice and safeguard human rights. The attendance' measure must depart from detain, and the right' relief should be reinforced.